Sunday, May 29, 2011

CAPITAL GAIN EXEMPTION U/S 54F INVEST IN NEW HOUSE


on Sunday, May 29, 2011

Capital gain is one of the heads of income quite often litigated by the taxpayers and tax gatherers. This could be attributed partly to the provisions which provide some leeway for availing some concessions and thereby avoid tax.

Section 54F is a benevolent provision meant for tax relief where the sale consideration is deployed in acquisition or construction of a residential house by the taxpayer.

Key factors governing the tax exemption under this section are

  1. Sale must be of any long-term capital asset other than residential house; 
  2. On the date of sale, the taxpayer must not own more than one residential house; 
  3. Net sale consideration must be deployed in acquisition or construction of a residential house within the specified time; and 
  4. No acquisition or construction of any more residential house during the specified Lock-in period.

Unjustified restriction

A close look at the above said conditions show that there is enough scope for controversies in each of them. Sale of even depreciable asset held for more than 36 months and obtaining the status of long-term capital asset was held as eligible for tax exemption on re-investment (CIT v. Assam Petroleum Industries (P) Ltd (2003) 262 ITR 587 (Gau)).Obviously, owning residential houses in any other status is to be excluded while computing the number of houses for the purpose of this exemption.

When the net consideration is fully deployed in acquiring or building a residential house, whether section 50C could be applied is a recent controversy.

In Gouli Mahadevappa v. ITO (2011) 9 ITR (Trib) 129 (Bangalore), it was held that Section 50C and Section 54F operate in different fields. Section 54F cannot impede the operation of Section 50C and the proportion of actual net sale consideration so reinvested in residential house was held as eligible for exemption under Section 54F. Independent of the exemption under Section 54F, the deeming provisions contained in Section 50C will apply.

However, a contrary ruling could be found in Gyan Chand Batra v. ITO (2010) 45 DTR (JP) (Trib) 41 wherein it was held that ‘full value of consideration' as mentioned in Explanation to Section 54F(1) is not to be construed as having the same meaning as it is assigned in Section 50C.

The final rider for exemption likely the taxpayer must not construct or acquire any other residential house for some specified lock-in period seems to be both meaningless and redundant.

While these conditions attached to the exemption sound ridiculous, there exists ample scope for frustrating the same. A taxpayer acquiring a house must desist from acquiring another house, but could resort to construct a residential house, for which there is no embargo.

In the same manner, a tax payer constructing a residential house for availing exemption under Section54F is eligible to acquire one or more residential houses within the specified period which will not be a disqualification for the exemption.

Thus the provisions intended for exemption in respect of investment in residential house are toothless and have not addressed the practical reality. Fortunately, these conditions have not been imported into the Direct Taxes Code which is set to succeed the present statute.

VA V. K. SUBRAMANI(The author is an Erode-based chartered accountant.)

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  1. I want to sale a Land for Rs 6000000 my purchases value was Rs 200000 in year 2005. Can I purchase new land to save this long term capital gain.

    ReplyDelete
    Replies
    1. No capital gain from land can not be saved by investing in new land .You can save by

      54EC in bonds
      54F in House if you have already one house

      Delete
  2. I want to sale a flat for rs.4800000. my purchase price was 2500000 in october 2010. that means it has been 2.5 yrs since purchase. now i wanna buy a new flat for rs.5000000 ? will capital gain impose on me?

    ReplyDelete
    Replies
    1. yes , short term capital gain applicable

      Delete
  3. I bought old flat for 22 laks in feb '12, and sold another property in july '12 for 32 laks. Can get capital gain benefit for the 22 laks? The rest of the amount till now not deposited in any bonds , Can I deposit in tax saving bond now the balance ?

    ReplyDelete
    Replies
    1. what is the nature of property sold (house or not) ?
      what is amount of capital gain on property sold ?
      do you have another house other than old flat bought for 22 lakh ?
      pls reply above question so that answer can be given to ur queries

      Delete