U/s 54b of it act

Tax queries 449 views 1 replies

 

Dear Respected

Hi, My Assessee had ancestral agriculture land, Which was Urban Agriculture Land at the time of sale in October 2008 for Rs. 1,11,01,000/-, land bought by assessee's father in 1970's for Rs. 10000/-, assessee's father passed away in 2005, hence assessee's mother & assessee & assessee's 4 brothers are share holder in the said land at the time of sale. Sales deed has been done by all family members. Family is still undivided as it was at the time of selling their parental land. Further agricultural lands for Rs. 57 Lacs were purchased by the family members in the name of mother in 2009 & the remaining amount of Rs. 54,,01,000/- is used for construction of parental house in 2009, in which the whole family resides.

Now arise the question that, Deduction of 54B will be allowed to assessee's & assessees brothers? Because all the above purchase deeds for Rs. 57 Lacs are in the name of assessee's mother. 

Assessee's & Assessee's mother & assessee's 4 brothers cases was selected for scrutiny as Individual Status and are under consideration before ITO.

Kindly guide on said matters

Waiting for essential reply

 

 

Replies (1)

House purchased in the name of assessee's mother canot be taken as exemption u/s 54b.Only assessee's mother can take that exemption in respect of purchased land.

Secondly The sale consideration is Rs 1,11,01,000.00 and total benificial members are 6  who received sale consideration of his share. Total consideration of Rs 5700000.00 was invested in construction of ancentral house at which all they are staying.Hence they all 6 members can claim Rs 950000.00 as exemption u/s 54f if it was invested within time specified therein.

Capital gain in respect of one member is Rs 1850166.00 around excluding COA  .Consider COA while capital gain as COA on 1970 or 1981 which ever is higher i.e. 11101000/6  -COA indexed which i think not a big figure.So tax on above will be maximum of Rs 381134.00 if the assessee has other source of income. Otherwise the amount of tax will be low than above.SO Each member can claim exemption of Rs 950000.00 restricted to capital gian.No need to consider the land purchsed in the name of asseessee's mother....

 

Correct me if i  am wrong...


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