Payment of tax on unutilized amount deposited in Capital Gains Account Scheme (CGAS)

ITR 2340 views 4 replies

Hi, 

I have an issue that I need help with regarding the payment of capital gains tax arising out of sale of a house property of my father. I am going to give as much detail as clearly as possible below.

1. A residential property was sold by my father in Aug 2017 for Rs.46 lakhs. The sale resulted in long term capital gains for my father of Rs.14,44,800 (after considering the cost of acquisition as per indexation as Rs.31,55,200).

2.  Since the expectation at that time was to use the funds to buy another residential house, an account was opened under the CGAS (Captal Gains Account Scheme) in May 2018. As per someone's advice, my father deposited an amount of Rs.24 lakhs into this CGAS account, even though the actual capital gains works out to Rs.14.44 lakhs.

3. We had filed ITR-2 for AY 2018-19, where these details were declared and a deduction on the capital gains was claimed under Section 54F.. The screenshots of the AY1819 ITR-2 excel preparation software for the Sheet CG (Capital Gains) where these values were declared are attached.

4. Based on the above declarations and deductions claimed, no capital gains tax was paid at that time on the capital gains of Rs.14,44,800 received in FY2017-18.

5. However, subsequently, my father could not find any new house to purchase nor did he intend to construct a new house. Someone had advised him that new house property needs to be purchased within 2 years of sale of a property to get the benefit of the capital gains tax exemption. Given that no new property was purchased, they thought that the deadline for paying the tax on the capital gains was Aug 2019 (2 years from the sale of the property). 

6. Hence on 7th August 2019, an Advance Tax of Rs.3,00,520 was paid by my father towards the tax on the capital gains of Rs.14.44 lakhs.

7. Now when filing the returns for AY20-21 (FY19-20), we need to be able to declare that the deduction claimed on the capital gains u/s 54F in AY18-19 is no longer valid and that we paid the applicable taxes that became payable due to the non-purchase of another property or construction of a new property.

8. In this year's ITR-2 preparation software, in the sheet for Capital Gains, there is a section B(10) which is for "Amount deemed to be long-term capital gains". In that section, sub-section (a) asks for the details of the unutilized capital gains that had been deposited into capital gains account in a previous year. Screenshot of the same is in the attached zip file.

9. Now, here is the problem. In the table, logically, we should have been to select "2017-18" in the column "Previous Year in which Asset transferred"  and "54F" for the column "Section under which deduction claimed in that year".. In the Excel preparation software, it shows "54", "54F", "54GB" and "54B" as the options for the section. But if the year selected is "2017-18", then it does not allow us to select any selection other than "54B". The remaining 3 options (54, 54F, 54GB) are only allowed to be selected if the year is "2016-17". I initially thought this is some coding error in the Excel. So, I downloaded the Java preparation software. Even there, for 2017-18 selection in the year, the section dropdown defaults to "54B". Only if the year selected is 2016-17, the section dropdown allows one of 54, 54F andd 54GB to be selected. So, the restriction on selection of 54F for 2017-18 doesn't look like an error. 

So, we are at a loss how to declare the previous exemption claimed in AY18-19 in this year's return so that the tax paid is also accounted for. If we are not able to appropriately declare the capital gains becoming due this year, then it will look like we paid Rs.3 lakhs as advance tax unnecessarily.

Can someone help us if we did something wrong and how to address this issue. 


Attached File : 3218484 20201109220852 screenshots.zip downloaded: 40 times
Replies (4)
Deemed Capital Gains in your case arises in FY2020-2021 and not in FY2019-2020. You have wrongly paid advance tax for FY2019-20 for which you have to make a refund claim. Advance tax should be paid for FY2020-2021.

We paid wrong tax why we paid tax in advance. For 2021 year we are no responsible of tax.

Thanks a lot for your reply. I was fearing the same thing. Guess we claim refund in this year's return and pay advance tax during this year. 

Another thing I missed asking in my original post: Is the section under which we claimed exemption in AY18-19 i.e., 54F - is it correct?

I read in another post in this forum itself that section 54F is when the asset transferred is NOT a residential property. Section 54 is the correct section if the asset transferred is a residential property. If that is so, did we make a mistake in our ITR filing of AY18-19? If so, is there any way to rectify it? 

Dear SIr/Madam,

 

This is regarding some some confusion regarding selling of some property owned by my mother (now expired) which she got mutated in her name after death of my father. Now the said property is devolved on me and my brother (USA CITIZEN) through a registered WILL although we also have a sister.

Since we are planning to sell the property in question, can we both buy joint property and take an exemption under 54EC separately from the capital gains generated through sale consideration. Also, that the CGAS account should be opened jointly by all three of us or only by us two brothers. And that what would be the tax liability if any, and procedure for my brother a US citizen.

Also suppose I have capital gains of 1cr after indexation and the sale consideration is 5 cr,so the amount deposited in CGAS account should be 1 cr or 5 cr.And should I open two separate CGAS account for house purchase and bonds purchase to avoid any complexity from banks or IT department.

If full amount is to be deposited and i utilize the capital gains for purchase of new house and bonds can i withdraw the balance amount in my savings bank and close the account

 

Regards

Rohit khanna

 


CCI Pro

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