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T V Venkatesh (Advocate)     12 May 2010

capital gains taxation

A client had two properies one residential and one commercial.  During the year he  sold  his commercial property for one crore and invested  the amount in a residential property and  is claiming exemption u/s 54 F.  Subsequent to this in the same financial year he has sold the other residential property and has invested in another residential property and wants to claim exemption u/s 54.  Whehter the second transaction in any way hits provision of section 54 F, which interalia says " the assessee does not purchase within one year or construct within 3 years, any residential house otherthan new asset"

Can anybody throw more light on the implications, preferably with decided cases, if any.



Learning

 2 Replies

Vineet (Director)     13 May 2010

The second transaction i.e. purchase of new residential house for exemption u/s 54 will certainly hit the exemption u/s 54F already availed if new house is purchased within one year or new house constructed within 3 years of transfer of commercial asset. Please refer to proviso to section 54F(1).

Saurabh Bansal (Tax Consultant)     13 May 2010

yes, it will certainly affect the exemption u/s 54F....


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