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Income Tax - The persons having long-term capital gain can avail exemption under various sections by making prescribed investments. The long-term capital gains are usually taxed @ 20%. This tax can be saved by making investments as per section 54, 54EC and 54. Section 54: Profit on sale of property used for residence: Capital gain arising on transfer ...
Read MoreIncome Tax - A person wanted to shift his residence due to certain reason, hence, he sold his old house and from the sale proceeds he purchased another house. In this case the objective of the seller was not to earn income by sale of old house but to acquire another suitable house....
Read MoreIncome Tax - Section 2(42A) - Reduction in holding period in case of immovable property, being land or building or both, to qualify as long term capital asset - Consequential amendments to be made in sections 54, 54B, 54D and 54F...
Read MoreIncome Tax - Article Explains all about Section 54, Section 54B, Section 54D, Section 54G/ 54GA in case of shifting to SEZ, Section 54EC, Section 54F and Section 54GB...
Read MoreIncome Tax - The government wants you to own a house and the same becomes evident from the various tax benefits allowed under the income tax laws to the persons who own a house. Let us understand the various beneficial tax provisions which prove that the government wants you to own a house....
Read MoreIncome Tax - Under Section 54 of the Income-tax Act, if an assessee who has earned a Capital Gain on sale of a residential house, has, within the prescribed period, purchased or constructed another residential house, then, to the extent of the cost of the new residential house, no tax in respect of such Capital Gain is payable. ...
Read MoreIncome Tax - Section 54(1) has been amended by the Finance (No.2) Act, 2014 by substituting constructed, a residential house, with constructed, one residential house in India. Similar amendment is made in section 54F(1)....
Read MoreIncome Tax - At present deductions u/s 54, 54F, 54EC etc. are not subject to any audit or certification. The possibility that the assessee claims inaccurate amount of deduction under such provisions cannot be ruled out....
Read MoreIncome Tax - With difficulties being faced by the Real Estate Sector business (due to delay in clearances, nonavailability of finance and a sluggish demand) numerous projects are delayed in execution. As a result, an assessee who has sold a house and invested in another flat which is under construction by a builder /developer ...
Read MoreDy. Commissioner of Income Tax-5(2)(2) Vs. Shri Dawood Abdulhussain (ITAT Mumbai) - Word own in s. 54F would include only the case where a residential house is fully and wholly owned by assessee and consequently would not include a residential house owned by more than one person....
Read MoreSeema Sabharwal Vs. ITO (ITAT Chandigarh) - Various courts have held that if assessee invests the amount in purchase / construction of building within the stipulated period and the construction is in progress, then the benefits of exemptions under section 54 / 54F, cannot be denied to the assessee....
Read MoreMr. Ravi Shankar Vs. The Assistant Commissioner of Income Tax (ITAT Mumbai) - In Mr. Ravi Shankar vs. The Assistant Commissioner of Income Tax, Mumbai bench of Income Tax Appellate Tribunal (ITAT) proclaimed in its recent order that pre- amended capital gain under section 54 of the Income Tax Act 1961 can be availed for two residential houses....
Read MoreACIT Vs. Sh. Vineet Kumar Kapila (ITAT Delhi) - ACIT Vs. Sh. Vineet Kumar Kapila (ITAT Delhi) ITAT held that booking of flat with the builder has to be treated as construction of flat by the assessee and hence period of three years would apply for construction of new house from the date of transfer of long term capital asset. Therefore, the Ld. ...
Read MoreDr. Sudhir Naik (HUF) Vs. Income Tax Officer (ITAT Hyderabad) - Dr. Sudhir Naik (HUF) Vs. ITO (ITAT Hyderabad) Another contention is about claim of 54F/54. It was the contention that assessee has sold all the flats allotted to him and therefore, at the time of investing in the new house, he has no other house except this house. As seen from the agreements and th...
Read MoreNotification No. 44/2012-Income Tax - (25/10/2015) - Notification No. 44/2012-Income Tax In exercise of the powers conferred by sub-section (2) of section 54, sub-section (2) of section 54B sub-section (2) of section 54D sub-section (4) of section 54F sub-section (2) of section 54G and sub-section (2) of section 54GB of the Income-tax Act, 1961 (43 of...
Read MoreDy. Commissioner of Income Tax-5(2)(2) Vs. Shri Dawood Abdulhussain (ITAT Mumbai) -
Seema Sabharwal Vs. ITO (ITAT Chandigarh) -
Mr. Ravi Shankar Vs. The Assistant Commissioner of Income Tax (ITAT Mumbai) -
ACIT Vs. Sh. Vineet Kumar Kapila (ITAT Delhi) -
Dr. Sudhir Naik (HUF) Vs. Income Tax Officer (ITAT Hyderabad) -
Tarun Jalali Vs. DDIT (ITAT Delhi) -
Mr. George Britto Jesudas Vs. ITO (ITAT Mumbai) -
Rajat B Mehta Vs. ITO (ITAT Ahmedabad) -
