Capital gain (sec 54)

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Roopesh Gangisetty (Querist)
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14 September 2014 Dear All,

I need a small clarification about the changes made after amendment through Finance Bill in Section 54.

Since even before the Amendment, Assessee shall have to invest in only one property for availing exemption under capital Gain(Sec 54)

And after amendment, interpretation reflects the same.

Then what is the changes brought in Sec 54

Please let me know your responses.

CA VISHWAKEERTHI.P.S.

CA VISHWAKEERTHI.P.S. (Expert)
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14 September 2014 U/s 54 :
Section 54. (1) Subject to the provisions of sub-section (2), where, in the case of an assessee being an individual or a Hindu undivided family, the capital gain arises from the transfer of a long-term capital asset , being buildings or lands appurtenant thereto, and being a residential house, the income of which is chargeable under the head "Income from house property" (hereafter in this section referred to as the original asset), and the assessee has within a period of one year before or two years after the date on which the transfer took place purchased, or has within a period of three years after that date constructed, a residential house.

The proposed amendment as per clause (22) runs as under-

In section 54 of the Income-tax Act, in sub-section (1), for the words "constructed, a residential house", the words "constructed, one residential house in India" shall be substituted with effect from the1st day of April, 2015.

There has been similar amendment to section 54F of the Income-tax Act and the amendment proposed reads as under-

In section 54F of the Income-tax Act, in sub-section (1), for the words "constructed, a residential house", the words "constructed, one residential house in India" shall be substituted with effect from the 1st day of April, 2015 (clause 24 of the Finance Bill)