16 July 2023
Sir, I have 2 quires 1. A Taxpayer Sold a land in FY 2022-23. He Purchased a Flat with year after sold property (Land) more than sold land value. Any exemption in capital gain this condition and which section 54 or 54F or any other section. 2. A Taxpayer Add one additional floor in his existing residential house during Aug-Sep 2022. He sold another land in Mar 2023. Any exemption in capital gain in this condition. If Yes in which section 54 or section 54F or any other section.
16 July 2023
Thanks Rambhia Sir, In my Query 2. Taxpayer invest in his residential property before the period of one year of land sold. In this condition, is taxpayer not eligible to take exemption under section 54/54F?
18 July 2023
Thanks Rambhia Sir, Plz resolve one more query related above, 1. If within 1 year before period he purchased already constructed residential house from third party and he have sale deed . 2. He constructed a new residential house within 1 year before period. In above condition any exemption and which section 54 or 54F or any other.
18 July 2023
1. Sec 54 IT act is applicable when claiming exemption against LTCG arising out of selling any House Property. 2. While Sec. 54F is applicable when claiming exemption against LTCG arising out of sell/transfer of any other asset. 3. Sec. 54 IT act doesn't bar even if house was procured or constructed within one year before sell of House property. 4. But Sec. 54F restricts it to purchase of new house property one year before sell of LT asset, but not if any construction made before its sale.
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