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Capital gain

CA EKTA AJMERA (ARTICLE) (45 Points)

12 February 2015

my father has house property in his name..now we are purchasing house property in the name of my brother..Whether at the time of sale of older house , can the benefit of new house purchase can be availed to father to avoid capital gain??

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3 Replies

Z ( ) (2965 Points)
Replied 12 February 2015

Exemption is not available since assessee would be violating prohibition of benami transactions Act

Note that if it is purchased in name of wife or unmarried daughter then exemption wont be denied

There are judgements available on EXACT facts of the case.

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shikhar (LEARNER ) (1394 Points)
Replied 12 February 2015

Hello ekta ji

No deduction is allowed to your father if new house is purchased in the name of your brother.

U can chose two option :-

(1) u should purchase new house in the name of your father and later your father gift this house to your brother throgh gift deed or wil (in this case u can save capital gain u/s 54 and also fulfil your desire)

(2) or u can invest capital gain in NAHI OR REC bond u/s 54 EC and later your father tranfer new house to your brother through gift deed or wil

Thanks