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PRANAV (BUSINESS)     06 June 2024

Tax exemption u/s 54

I had purchased a house in june 2023 for Rs 1 crore it was a flat booked and balance 20 percent payment is still payable as it is under construction and expected delivery is novemeber 2024. . i have sold 2 small residential propertiesin FY 24 against this flat where the capital gain after indexation is 4 lakh  In august 2024 i intend to sell a commercial shop of 50 lakh which has a capital gain of 30 lakh other then these i own my residential flat currently staying and 3 small residiential flats . will i be allowed tax exemption U/S 54 in FY 24 & FY 25



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 June 2024

Under Section 54 of the Income Tax Act, an individual or HUF selling a residential property can avail tax exemptions from Capital Gains if the capital gains are invested in purchase or construction of residential property. 
 

PRANAV (BUSINESS)     06 June 2024

WILL THE EXEMPTION ALLOWED IN FY 24 & FY 25

T. Kalaiselvan, Advocate (Advocate)     07 June 2024

Under Section 54 of the Income Tax Act, an individual or HUF selling a residential property can avail tax exemptions from Capital Gains if the capital gains are invested in purchase or construction of residential property. 

  • The asset sold is a Residential House. Income from such a house should be chargeable as Income from House Property.
  • The seller should purchase a residential house either 1 year before the date of sale/transfer or 2 years after the date of sale/transfer. In case the seller is constructing a house, the seller has an extended time, i.e. the seller will have to construct the residential house within 3 years from the date of sale/transfer. In case of compulsory acquisition, the period of acquisition or construction will be determined from the date of receipt of compensation (whether original or additional compensation)
  • If the new house is sold within 3 years from the date of purchase or construction,  then the exemption claimed earlier under section 54 shall be indirectly taxable in the year of sale of the new house property. 

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