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Narinder Gupta (Proprietor)     09 December 2010

Capital Gain Utilisation

one of my client is owner in possession of a residential house . The plot is name of his mother and building on that plot  has been consturcted by my client and also been refelcetd/ shown in his return of income since 1993. His mother expired in a2003. There is no will from his mother. My client is also owner of a house plot, which he intends to sell . On sale od this house plot he is going to earn a capital gain of about 25 lacs. Whether he can invest this capital gain on his residential house,  title deed of which is in name of her mother . Please  cite a case law if any.

 

CA Narinder Gupta

BA LLB FCA



Learning

 2 Replies

A V Vishal (Advocate)     09 December 2010

You have not mentioned whether the deceased has other legal heirs.

harsh (C.A.)     28 December 2010

residential property owned by the HUF sold , long term capital gain has arisen , the HUF has purchased a residential house in the name of the karta

1.Can the new Assets bought be deemed to be the property of the huf, as the consideration has been paid out of the huf`s funds .

2.Can the HUF claim exemption under sec 54 on this premise that the property is deemed to be the property of the HUF.

In case of Wealth tax act , it will be deemed to be the property of the HUF.

But the question arises can exemption be claimed under sec 54 on this premise ?

Kindly quote any case law.


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