As per the Income Tax Act's Section 54F, exemption of capital gain is made available in the situation of long term capital assets transfer against the investment one makes in a residential house. Some of the features to avail exemptions u/s 54F are mentioned below:
In the situation of transfer of newly purchased or constructed residential property before expiration of 3 years period from its purchase or construction, as per the case at that time, then the capital gain that is exempted u/s 54F will be taxable under long term capital gain of the last year wherein the new asset is being transferred.
While talking about net consideration, if it is not re-invested within the last date of return filing of income u/s 139, and then the amount must be deposited in the scheme for the capital gain deposit account. The amount that is deposited in the account of the capital deposit scheme must be used to purchase or construct the residential property within the specific period. If the deposited amount in the capital gain scheme of deposit account is not utilized partially or completely within the specific period for construction or purchase, as the case can be, then in such situation on the period's expiry, the unutilized amount is treated as long term capital gain.
Provision in section 54F comes w.e.f. 01.04.2015, according to which it was clarified that the residential house is to be acquired only in India. The amendment to Section 54F by the Finance Act, 2014 are applicable w.e.f. 2015 and is applicable only prospectively.
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Prajwal B R
Date: 19/03/2020
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