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Abhishek (Proprietor)     07 April 2010

LTCG Tax


 Dear Sir,

 I need some clarifications regarding Long Term Capital Gain Tax. I sold some assets (other than residential house) which attracts LTCG tax. I will be purchasing a flat under construction for exemption. My queries are:

 1) Since I will be purchasing a flat in a building under construction and not a plot, will it qualify for sec. 54 or sec. 54F?

 2) If I make full payment now and have the sale deed registered in about 2 months' time, but the actual possession will only be given to me after 4 years - will this still qualify for tax exemption?

 I would highly appreciate your reply on this matter.



Learning

 1 Replies

Vineet (Director)     07 April 2010

Answer is already posted on your profile. You will be eligible for exemption u/s 54F.

Refer CBDT circular no 471 dated 15-10-1986 and 672 dated 672 dated 16-12-1993.

Case Laws:

1. CIT vs Hilla J B Wadia 69 Taxman 114 (Bom)

2. Mrs Seetha Subrahmanian vs ACIT 59 ITD 94 (ITAT Chennai)

3. Smt Shashi Verma vs CIT 224 ITR 106 (MP)

4. CIT vs R L Sood 108 Taxman 227 (Delhi)

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