An assessee owned two separate residential flats. She sold both these flats during the previous year…i.e. one flat for 150 lakhs in April and other flat for 160 lakhs in August. LTCG from these flats stood at 123 lakhs and 138 lakhs respectively. She utilised the entire proceeds from sale of both flats for purchasing one new residential flat for 335 lakhs. Can she avail exemption u/s 54 twice in the same assessment year ? Will LTCG arising out of both flats be exempt u/s 54 for investment in the same new residential flat ? or does she have to buy 2 separate residential properties ?
14 October 2024
There is no restriction placed in section 54 which restricts exemption only in respect of sale of one residential house. Even if assessee sells more than one house in the same year and the capital gains is invested in a new residential house, the claim of exemption cannot be denied if other conditions are fulfilled. [DCIT v. Ranjit Vithaldas [2012] 23 taxmann. com 226 (ITAT-Mum)]
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