Capital Gain and purchase of second House.

vsraj (administration) (136 Points)

14 May 2023  

Mr.X disposed of his House property for a consideration of Rs.85 lakhs on 10.03.2021..   Capital Gain of Rs. 36 lakhs was deposited in the Bank within the stipulated time under the CAPITAL GAIN A/c.   Within 2 years, on 12th August 2022 he purchased a Flat for Rs. 42 lakhs fully utilising the Capital Gain of Rs. 36 lakhs. His IT returns for the Financial Year 2021-22 ( Assessment Year 2022-23) have been filed and cleared.  It Returns for the Financial Year 2022-23 ( Assessment Year 2023-24) is yet to be filed.

Query: 1.   Whether he can purchase another property in the current Financial Year  2023-24 (Assessment year 2024-25) out of the balance amount with him (after selling the House property mentioned above) and other savings    Is there any restrictions to purchase the second property from the  CAPITAL GAIN point of you.?. 

2. Will the exemption availed u/s 54 ( from paying the Capital Gain Tax) while purchasinf the 1st Flat  will be reversed and treated as short term/long term capital  gain and taxed accordingly.  .   sincerely RajaRaja.