Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sood (Director)     09 May 2010

Capital Gains Tax

A house built in 1977 was sold in May 2008 for Rs.85.00 lacs after indexation the  indexed cost was 36.00 lacs and the capital gain was 49.00. Exemption u/s 54 was taken being amount invested in purchase of residential  plot for Rs.53.65 lacs. In Nov 2008. No construction has been done on this plot and now I want to  sell this plot and buy a house from the sale proceeds. What is the position regarding exemption already availed  under Capital Gains. Shall I have to pay tax now ? What shall be the position as regards to the second transaction i.e. sale of plot and purchase of house?   



Learning

 5 Replies

Vineet (Director)     09 May 2010

If you do not construct the house by May, 2011 or sale the plot before that, the entire LTCG of 49 Lacs will be taxed in the year of sale of plot or latest in AY 2012-13.

 

If the plot is sold before Nov 2011, any capital gain arising out of this ale i.e. sale price minus 53.65 Lacs shall be taxed as Short term capital gain. If you sell this plot after Nov 2011, the capital gain arising shall be long term and you can avail exemption u/s 54F provided the same is available by that time in view of new Direct TAx Act which is likely to be applicable wef 1-4-2011.

 

Please be clear that if do not construct house on newly purchased house before May 2011, the entire exemption of Rs 49 Lacs is taxable as LTCG as stated above, irrespective of what you do with newly purchased plot.

AMIT BAJAJ ADVOCATE (ADVOCATE)     09 May 2010

Yes agreed with Mr Vineet

Saurabh Bansal (Tax Consultant)     13 May 2010

Isn't it possible to revise the return filed for A/Y 09-10 (If assessment has been done uptill now)

and then claim the deduction for purchase of house u/s 54 (house that you want to purchase now)

and do not mention anything about the plot you purchased...

for that purpose...you have to purchase the house before 2 years from the date of sale...

i.e. you have very less time...move fast and save tax.....

Vineet (Director)     13 May 2010

Mr Bansal, I think you are missing one point here that in such case as suggested by you, the funds should have been deposited in Capital Gains Account by due date of filing return for AY 2009-10.

 

As this has not happened, I wonder how your advise is executable.

Saurabh Bansal (Tax Consultant)     14 May 2010

oops....

sorry sir,I i'm really sorry i forgt..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register