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Capital gain exemption - purchasing one big plot from sale consideration of 3 plots

shyamal roychowdhury
My client has three small plots of land . In one plot a small one room is also exists. He is holding all the plots over 5 years . He wants to sell all the three plots at one date & purchase one big plot/one big house using total sales consideration of three plots/house . can he not get capital gain exemption when the entire sales consideration of three plots/ are utilised for one big house / one big plot Thanks . If any one can address the problem .
Capital Gain Exemptions Applicable for Selling Plots to Buy New Home Under Sections 54 and 54F of Income Tax Act. A client intends to sell three small plots, including one with a small room, and use the proceeds to purchase a larger plot or house. The client seeks to know if capital gain exemptions apply when the entire sale consideration is used for this purchase. Respondents agree that under Sections 54 and 54F of the Income Tax Act, the client can claim capital gain exemptions for investing in a new residential property. Additionally, investment in certain bonds is permissible, and planning is essential to meet the conditions and manage potential notional capital gains under Section 50C. (AI Summary)
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Rama Krishana on Mar 19, 2010
If you read the section 54 and Section 54F of the Income Tax Act, you would find that section 54 says capital gain from sale of a long term capital asset is eligible and under section 54F capital gain from the sale of any long term capital asset is eligible. Therefore, in my view, you can claim the benefit of exemption u/s 54 read with 54F together for purchase of a eligible house property.
JainPal Jain on Mar 20, 2010
your client will get full exemption of capital gain on sale of the three plots.
DEV KUMAR KOTHARI on Mar 22, 2010
Sale proceeds of long-term plots can be invested in new residential house to get exemption, subject to meeting other conditions. investmetn in cerain bonds is also permissile (upto Rs.50 lkah in a year) so one can plan to sell old plots in two previous years.see. section 54, 54F, 54EC. The sale of old plots will be subject to S. 50C, therefore, some notional capital gains may also be taxable. You need to plan disinvestment as well as investment properly.
RAJESH DHANDA on Mar 26, 2010
yes it will be fully available for exemption u/s 54 & 54f
RAJESH DHANDA on Apr 15, 2010
fully availble u/s 54 and 54f
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