Section 54G of the Income Tax Act provides exemption towards capital gain arisen on the transfer of capital assets like plant or machinery or land or building which is forming part of an industrial undertaking being situated in an urban area. Such transfer should be on account of shifting of industrial undertaking from the urban area to a rural area.
The present article explains all the provisions attached with the exemption available under section 54G of the Income Tax Act.
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Essential conditions which claimant needs to satisfy to claim section 54G exemption
For claiming exemption under section 54G of the Income Tax Act, the claimant needs to satisfy the following conditions –
1. Category of the person eligible for exemption –
An exemption under section 54G is available to all the categories of persons.
2. Type of capital gain eligible for exemption –
An exemption under section 54G is available to both short term capital gain and long term capital gain.
3. Nature of capital gain transferred –
Section 54G exempts capital gain arisen on account of transfer of plant or machinery or building or land or any rights in land or building which is being used for the business purpose of an industrial undertaking situated in an urban area.
4. Nature of re-investment –
The claimant is required to re-invest the amount in shifting of the industrial undertaking from the urban area to a rural area. The re-investment is to be made within a period of 1 year before or 3 years after the date of transfer for the purpose specified below –
- For purchasing of new plant or machinery for the business purpose of industrial undertaking shifted in a rural area.
- For purchasing land or building or constructing a building for the business purpose of industrial undertaking shifted in a rural area.
- Expenditure incurred towards shifting of the old industrial undertaking and establishing the same in the rural area.
- Incurring any other expenditure as specified by the Government.
Amount of exemption available under section 54G of the Income Tax Act
If all the above specified conditions / criteria are satisfied, then the claimant is eligible for availing lower of the following amounts as an exemption –
- An amount invested into land and building and plant and machinery for shifting of industrial undertaking in a rural area; or
- The amount of capital gain.
A consequence of transfer of newly acquired assets
Provisions restrict the assessee from transferring the newly acquired asset for a period of three years. However, in case the assessee transfers the assets before the expiry of a period of three years, then, the exemption allowed under section 54G would be withdrawn.
In case of transfer and withdrawal of exemption, at the time of calculating the capital gain of newly transferred assets, the cost of acquisition of the newly transferred asset shall be reduced by the amount of exemption claimed under section 54G of the Income Tax Act.
Capital Gain Deposit Account Scheme –
If the amount is not fully invested in acquiring new asset within the last date of furnishing of return, then the assessee is required to deposit the balance amount into the Capital Gain Deposit Account Scheme.
The assessee needs to utilize the deposited amount within the specified period. However, in case the amount is not utilized within the given time period, then, the unutilized amount would be taxable in the previous year in which the time period expires.
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Dear Sir,
Needed a small advice on capital gains..
I own a single property in Delhi (Bought in 1988)which I am looking to sell in a month.I have bought a property in Secunderabad in Feb This yr. Details of the property are as given below :-
(a) Selling Price of Delhi property – 2,4 Cr.
(b) Value after Indexation – 1.08 Cr
(c) Long Term Capital gain tax = 1.32 Cr
My pointed querries are as given below :-
(a) Do I open the capital gains account before selling the house and then ask the buyer to pay separately in normal savings account and Captal Gains account OR do I take the entire amount in the savings bank account and then shift to capital gains account.
(b) I have bought the new property in Feb this yr for 1.52 Cr ( incl a loan of 50L that my son has taken in which I am co applicant).Can I invest the total capital gains to repay this amt. If so from the capital gains account do I repay back to my savings account from which I paid the money.
(c) Do I have to pay tax on the amt that is not coming in capital gains ie 1.08 Cr.How can I minimise that tax.
I would be obliged if the a/m querries can be replied to.I am in the army and am not getting proper advice on this aspect
Regards
Col S Deepak