An assessee has deposited the proceed from sale of residential house in Capital Gain Account Scheme in order to claim tax exemption. Within a period of three years he is purchasing a plot of land to construct house on the same. He wants to withdraw funds from the amount deposited in the Capital Gain Accounts Scheme. At this point in time there is no expense/agreement for construction of the house. The withdrawal of funds is only for purchase of land. Can he claim tax exemption from LTCG for purchase of land. The timelines to claim exemption are met.
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Exemption from Long Term Capital Gain on sale of residential propert.
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The section states that a 'residential house' needs to be purchased/constructed. So in my opinion if the funds are used only for the purpose of purchase of land, exemption will not be allowed. If the construction of house is also done, then exemption will be allowed.
You can try to find jurisdictional caselaws inorder to claim exemption if you find a similar case.
You can try to find jurisdictional caselaws inorder to claim exemption if you find a similar case.
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