23 August 2007
During PYE 31.03.04 an individual had two types of LTCG. One by selling equity sharea and another by redemption of Mutual Fund ( Debt Fund ) Units. He had invested 100% of the proceeds on sale of equity shares in a new residential house and has offered the LTCG arising out of redemption of MF Units for tax.
The ITO wants to allow only proportionate deduction under 54 F by duly combining the proceeds of sale of shares and redemption of MF Units.
It is apparent to me that the ITO is wrong in holding this view.
Sale value of shares Rs. 2,91,338. Cost Rs. 28,000. LTCG = 2,63,338. Invested in Flat Rs. 2,87,637. Therefore 54F exemption claimed for 100 % of Rs. 2,87,637.
31 October 2007
Partial Exemption under 54 F is allowed only if the cost of the new residential house is less than the net consideration realised by the assessee from sale of the LTCA, the LTCG would be exempt in proportion which the cost of the new residential house bears to the net consideration realised by the assessee from sale of LTCA. Thus if both your shares and MF are LTCA. You will get partial exemption.
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