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Q. > Please Help: Income Tax
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201 views • Question added Mar 25, 2013 • Income Tax • By Sweety Vohra , CA


One of our client has sold his property (long term )in F.Y. 11-12 and purchased another property in the same F.Y. But payment was not made in full. However, the possession as well as the Agreement Deed is under the name of our client.Whether exemption u/s 54F is allowed against the purchase of new property?

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CA.Sumeet Singhania

25-Mar-2013 , 06:28:10 pm

I feel that the exemption should be allowed if there is an adequate proof to justify that the new sale deed is equivalent or greater than the amount of capital gain derived out of the sale of old property. Exemption u/s.54 is also allowed if the new invest. is done out of borrowed funds and the gain is realized subs.. In your case, if the sale deed for new property is done w/o full payment, it is deemed to be on credit/ borrowed funds.

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Sweety Vohra

26-Mar-2013 , 10:23:33 am

Thnx Sumeet.The agreement for the new property made in the current F.Y. But the payment was made in the next F.Y.In such a case, when the exemption u/s 54 will be allowed?

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CA Dilawar Singh Rawat

26-Mar-2013 , 12:33:36 pm

no deduction is not allowed because section 54F are not applicable on trf of house property

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PANKAJ KUMAR GARG

27-Mar-2013 , 02:41:33 pm

Benefit u/s 54 / 54F is allowed in the year of transfer / sale of asset as the new property can be purchased within two year of sale /transfer of old property.

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