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Capital gain account

sam (student) (35 Points)

11 June 2012

dear Experts,

I have just one question, if MR.B owns 2 flats, 1 shop, 1 agricultural land.

He sales agriculture land, shop and keeps the money in capital gain account.

Below are 3 cases, want to know how to overcome the problem.

Case 1 – He is planning to buy a new flat for which he will be selling one of his 1 flat also.

Case 2 – If he doesnt sale any of his 2 flats owned is he applicable to save income tax by buying new property.

Case 3 – If he wants to pay income tax on capital gain , how he can transfer the money as it is blocked in Capital gain account.

Appreciate your answer in simple words and in case wise format…

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4 Replies

Tharani Shankar (Public Relations Director ) (51 Points)
Replied 12 June 2012

Case 1. Yes he can claim deduction u/s 54. Refer https://www.accounting-n-taxation.com/LTCG-Deduction.html

Case 2. No

Case 3. Just close the deposits in CG a/c and pay the tax. Refer https://www.accounting-n-taxation.com/Capital-Gains-Deduction.html#time

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Tharani Shankar (Public Relations Director ) (51 Points)
Replied 12 June 2012

If he wants he can try 54EC.

CA. Abhishek K. Pandey (Manager (Advance)) (901 Points)
Replied 12 June 2012

Dear Sam, First of all, I am assuming that Agricultural land in question is not in rural area. If it is in rural area, it is exempt from capital gain ab-initio. Case 1: Capital Gain arising from the sale of agricultural land and flat is taxable in the year of sale. Capital Gain arising from the sale of flat is exempt in amount as much as it is invested in purchasing, a new property within 2 years from the date of sale or constructed within 3 years from the sale or if a house is purchased 1 year prior to sale(It is assumed that you are selling the flat after selling land and shop). Case 2: No. Case 3: If he has to pay tax on it, he don't need to deposit it in CG account. Abhishek K. Pandey

sam (student) (35 Points)
Replied 14 June 2012

@ tharani- as I mentioned the amount he deposited in capital gain is through sale of shop and rural agricultural land. As per income tax law Long term capital gain to save tax assesse should not own more than 2 residental property. But here the assesse haven't sold the flat the capital again ia arrised though shop so he can buy 3 flat. Correct me if I am wrong...