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Long term capital gain : eligibilty for sec 54

This query is : Resolved 

24 November 2011 assessee has purchased a Land in the year 2005 and constructed the house in the year 2008. he sold the complete house in the year 2009.
Question:
1. whether it can be claimed as LTCG
2. If yes, can a deduction u/s 54 can be claimed.
please help me with some decided case laws.....

25 November 2011 As house was held by assessee for less than 36 months, so deduction u/s 54 shall not be available. The period of holding the land is irrelevant for the purpose of section 54.



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