capital gain

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Querist : Anonymous

Querist : Anonymous (Querist)

15 July 2010 a residential house porperty sold and a plot of land purchase,
whether any deduction is available u/s 54

Aditya Maheshwari

Aditya Maheshwari (Expert)
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15 July 2010 No deduction will be available on above.

It would be available only if a residential house is constructed on that plot.

Querist : Anonymous

Querist : Anonymous (Querist)

15 July 2010 but in future assessee will make property on said plot within 3 year from transfer of sale property,

then will eligible or not?

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Aditya Maheshwari

Aditya Maheshwari (Expert)
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15 July 2010 Purchase of plot, followed by construction - If the amount of capital gain for the purposes of section 54, and the net consideration for the purposes of section 54F, is appropriated towards purchase of a plot and also towards construction of a residential house thereon, the aggregate cost should be considered for determining the quantum of deduction under section 54/54F, provided that the acquisition of plot and also the construction thereon, are completed within the period specified in these sections—Circular : No. 667, dated 18-10-1993.

Aditya Maheshwari

Aditya Maheshwari (Expert)
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15 July 2010 434. Whether, in cases where the residential house is constructed within the specified period, the cost of such residential house can be taken to include the cost of the plot also

1. Sections 54 and 54F provide for a deduction in cases where an assessee has, within a period of one year before or two years after the date on which the transfer of a capital asset takes place, purchased, or has within a period of three years after that date constructed, a residential house. The quantum of deduction is itself dependent upon the cost of such new asset. It has been represented to the Board that the cost of construction of the residential house should be taken to include the cost of the plot as, in a situation of purchase of any house property, the consideration paid generally includes the consideration for the plot also.

2. The Board has examined the issue whether, in cases where the residential house is constructed within the specified period, the cost of such residential house can be taken to include the cost of the plot also. The Board are of the view that the cost of the land is an integral part of the cost of the residential house, whether purchased or built. Accordingly, if the amount of capital gain for the purposes of section 54, and the net consideration for the purposes of section 54F, is appropriated towards purchase of a plot and also towards construction of a residential house thereon, the aggregate cost should be considered for determining the quantum of deduction under section 54/54F, provided that the acquisition of plot and also the construction thereon, are completed within the period specified in these sections.

Circular : No. 667, dated 18-10-1993.