EASYOFFICE
EASYOFFICE
EASYOFFICE

Section 54

This query is : Resolved 

22 September 2008 Assessee spent following amount in constructing a residential house which got ready in March 2008.

FY05 - 2 lac
FY06 - 2 lac
FY07 - 2 lac
FY08 - 2 lac

In FY07 he sold one residential house and booked a LTCG of 10 lac. Apart from above he didnt made any investment

So u/s 54 how much exemption can he claim and what will be his taxable capital gain?

22 September 2008 As the costruction is within the period allowed by section 54, to the extent he spent on construction can claim deduction from CG of the house sold.

24 September 2008 Sir,

I wish to know, whether the construction expense made before the sale of house qualify for deduction u/s 54.

He sold the house in FY07. So does the construction expense for FY05 & FY06 be eligible for deduction.

FY07 & FY08 construction expense are allowed to be deducted from the Capital gain. So 4 lac will be anyhow deducted from 10 lac. So 6 lac will be taxable capital gain or we can deduct earlier year construction expense also.







04 April 2012 The earlier period construction expenses are also allowed as deduction. The condition under Section 54 that the construction is to be completed AFTER the sale.

The construction can start BEFORE sale and complete AFTER sale.

Accordingly, expenses for FY 05 and FY 06 will be available.



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