section 50C

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Whether deemed capital gain u/s 50C is elgible for exemption u/s 54F.

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Replies (3)

deduction u/s 54 is for the nature of asset & not for particular gain or for asset & hence it is allowable in all the places where nature of asset is long term in nature

Exemptions from long term capital gain:

Section Asset Assessee Holding Period of Original Assets Whether Reinvestment Necessary —Time Limit Other Conditions/

 

Incidents

Quantum
54 Residential House Property Individual HUF 3 years Yes — In Residential House, within 1 year before, or 2 years after the date of transfer (if purchased) or 3 years after the date of transfer (if constructed).**   The amount of gains, or the cost of new asset, whichever is lower
54B Agricultural Land Individual Use for 2 years Yes — In Agricultural Land, within 2 years after the date of transfer. Must have been used by assessee or his
parents for agricultural
purposes
See Notes 1, 2 and 10
As above
54D Industrial Land or Building or any
right
therein
Any Assessee Use for 2 years Yes — In Industrial Land, Building, or any right therein within 3 years after the date of transfer. Must have been compulsorily acquired As above
54EC Any Long-term Capital Asset (LTCA) Any Assessee Shares, Listed Securities, Units of UTI/Mutual Fund covered u/s. 10(23D) :1 year Others : 3 years Yes — Whole or any part of capital gain in bonds redeemable after 3 years and issued on or after 1-4-2006 by NHAI or REC and notified by the Govt.
– within 6 months from the date of transfer.
  The amount of gain or the cost of new asset whichever is lower subject to Rs. 50,00,000 per assessee during any financial year for investments made on or after 1-4-2007. Also investment in bonds notified before 1-4-2007 would be
subject to conditions laid down in
notification including limiting condi-
tions (i.e., Rs. 50 lakhs per assessee)
54ED LTCA being listed securities or units — do — Listed Securities or units of UTI/Mutual Fund covered u/s. 10(23D) : 1 year Yes — Within six months from the date of transfer in acquiring eligible issue of capital exemption is available only in respect of the assets transferred before 1-4-2006 — do —
54F Any Capital Asset (not being a residential house) Individual HUF Shares, Listed, Securities, Units of UTI/Mutual Fund covered u/s. 10(23D) : 1 year Others : 3 years Yes — In Residential House, within 1 year before, or 2 years after the date of transfer (if purchased), or 3 years after the date of transfer (if constructed).**   If the cost of the specified asset is not less than Net Consideration of the original asset, the whole of the gains. If the cost of the specified asset is less than the Net Consider-ation, the proportionate amount of
the gains.
54G Industrial land or
building or
plant or
machinery
Any Assessee Yes— In similar assets and expenses on shifting of original asset, within 1 year before, or 3 years after the date of transfer.   The amount of gains, or the aggregate cost of new asset and shifting expenses, whichever is lower.
54GA Industrial land or building or
plant or machinery
Any Assessee Yes — In similar assets and expenses on shifting of original assets to a Special Economic Zone – within 1 year before or 3 years after the date of transfer   The amount of gains, or the aggregate cost of new asset and shifting expenses, whichever is lower
115F ‘Foreign Exchange
Asset’
(See Note 8)
Non- Resident Indian Shares, Listed Securities, Units of UTI/Mutual Fund covered u/s.
10(23D) : 1 year
Others : 3 years
Yes— In ‘Specified Assets’ (See Note 9) or Specified Savings Certificates of Central Government, within 6 months after the date of transfer   Same as u/s. 54F above


Read more: https://www.taxguru.in/income-tax/capital-gains-under-income-tax-act-1961.html#ixzz0uJ1bCGqn
 

dear mini

yes it is allowable.these section are based on investment according to type of gains i.e short term or long term and not connected with any particular gain.

regards

tarun rustagi


CCI Pro

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