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From – Mansi Gandhi
* CAPITAL GAIN EXEMPTION
                 54,54B,54EC,54F AT A GLANCE

* Capital gain on sale of certain assets is exempted on purchase/construction of specified assets
    under section 54,54B,54EC,54F subject to few conditions. These exemption has been tabulated
    on the basis of following points.
    Who can claim exemption
*   Eligible assets sold
*   Assets to be acquired for exemption
*   Time limit for acquiring the new assets
*   Exemption Amount
*   Whether "Capital gain deposit account scheme" applicable
*
    So it is easy to understand these exemption at a glance . Further these exemption are in
    depended to each other and person can claim combination of two ,if he is eligible otherwise.
Long Term Capital Gain -     u/s 54                u/s 54B                    u/s 54EC                u/s 54F
Exemption
a.   Who can claim           Ind/HUF               Individual /HUF added      Any person              Ind/HUF
     exemption                                     by Finance Bill 2012
                                                   w.e.f fy 12-13
b.   Eligible assets sold    A residential         Agriculture                Any long-term           Any long term
                             House property        landwhich has              capital assets          asset (other than a
                             (minimum holding      been used by assess        (minimum holding        residential house prop
                             period 3 year)        ee himself or by his       period 3 years)         erty ) provided on the
                                                   parents for agriculture                            date of transfer the
                                                   purposes during last 2                             taxpayer does not own
                                                   yrs of transfer                                    more than one
                                                                                                      residential house
                                                                                                      property from the
                                                                                                      assessment year 2001-
                                                                                                      02 (except the new
                                                                                                      house)

c.   Assets to be acquired   Residential house     Another agriculture land Bond of NHAI or           Residential house
     for exemption           property              (urban or rural)         REC                       property


d.   Time limit for          Purchase :1 year      2 yrs forward              6 months forward        Purchase :1 year back
     acquiring the new       back or                                                                  or 2 year forward,
     assets                  2 year forw                                                              Construction:
                             ard,                                                                     3 year forward
                             Construction: 3
                             year forward
e.   Exemption Amount        Investment in the     Investment in              Investment in the       Investment in the new
                             new assets or         the agriculture land or    new assets or capital   assets / Net
                             capital gain, which   capital gain, which ever   gain, which ever i      Sale consideration
                             ever is lower         is lower                   s lower (Max.           X capital gain
                                                                              Rs. 50
                                                                              Lacs in Fin. Yr.)

f.   Whether "Capital gain   Yes                   Yes                        not applicable          Yes
     deposit
     account scheme"
     applicable
* Long Term Capital Gain from the Transfer of Residential House Property
  (Section 54)

The exemption under the Section 54 is available only an individual or a HUF who transfers (or
sells) a residential house/property that results in a long-term capital gain, and then invests the
amount of gain in acquiring a new residential house. This exemption is available subject to
fulfilment of the following requirements:
(i) The transferor shall be an individual or the HUF,
(ii) The asset to be transferred must be of long-term capital asset, being buildings or lands
appurtenant thereto, being a residential house,
(iii) The income from such residential house shall be assessable under the head "Income from
House Property",
(iv) The transferor assesse should purchase a residential house in India within a period of one
year before or two years from the date of transfer or construct a residential house within three
years from the date of the transfer of the original house. (Construction must be completed
within these 3 years.), and
(v) The new house property purchased or constructed has not been transferred within a period
of three years from the date of purchase or construction.

Amount of Exemption. The amount of exemption under section 54 is
1. Equal to the amount of the capital gain if cost of new house property is more than the capital
gain, or
  2. Equal to the cost of the new house property if the cost is less than the capital gain.
* Deposit Scheme under Section 54. Where the amount of capital gain
 is not so utilized for the purchase or construction of a new residential
 house before the due date of furnishing of the return of income, it
 shall be deposited by him on or before the due date in an account
 with a public sector bank in accordance with the Capital Gain Account
 Scheme, 1988. The amount already utilized on the new house
 together with the amount deposited shall be deemed to be the
 amount utilized for the purchase of new house under section 54. If
 the amount deposited is not utilised for the purpose of purchase or
 construction of new house within the stipulated period, then the
 amount not so utilised will be treated as long term capital gain of the
 previous year in which the period of three years expires. In such case
 the assesse is entitled to withdraw the amount from the bank.
 Consequences of Selling the New House Before 3-years. If the new
 house property is transferred within a period of three years from the
 date of the purchase or construction, the amount of capital gains
 arising therefrom, together with the amount of gains exempted
 earlier, will be chargeable to tax in the year of sale of the house
 property. To attain this, the amount of exemption under section 54
 shall be reduced from the cost of acquisition to the new house, while
 calculating short-term capital gains on the transfer of the new asset.
*Capital Gain on the Transfer of
 Agricultural Land (Section 54B)

Capital gains arising on the transfer of land used by an
individual or his parents for agricultural purposes for a
period of two years immediately preceding the date of
transfer is exempt form the tax if the individual assesse
has purchased another agricultural land within a period
of two years from the date of such transfer (subject to
the requirements).
*Capital Gain on Compulsory Acquisition of
 Land and Building of an Industrial
 Undertaking (Section 54D)


* Capital gains arising on the compulsory acquisition of any land or
  building forming a part of an industrial undertaking is exempt
  subject to the following requirements:
  Such land or building was used by the assessee for the purpose of
  industrial undertaking for two years preceding the date of
  compulsory acquisition,
* The assessee has purchased any land or building or constructed a
  building within 3 years from the date of the receipt of the
  compensation, and
* Newly acquired land or building should be used for the purpose of
  shifting or re-establishing the said undertaking or setting up
  another industrial undertaking.
*Long Term Capital Gain Exemption for Investment in
 Certain Bonds (Section 54EC)

* This exemption is   available an individual, HUF, company or any
  other person who invests the long term capital gain, within 6
  months of a the transfer of the capital asset, in any of the
  specified bond (issued on or after April 1, 2006) redeemable
  after 3 years:
  National Highway Authority of India (NHAI), or
* Rural Electrification Corporation Ltd. (REC)
* There is a limit of Rs. 50 lakh on the investments on or after
  April 1, 2007.

 The face value of a bond is generally Rs. 10,000 and the rate of
 return correctly averages about 5.5 to 5.75 per cent. This
 return is taxable income.
*Long Term Capital Gain from the Transfer of a Capital
 Asset other than Residential House Property (Section
 54F)

The exemption is available only an individual or a HUF who transfers
(or sells) a capital asset that results in a long-term capital gain, and
then invests the amount of gain in acquiring a new residential house.
This exemption is available subject to fulfilment of the following
requirements:
(i) The transferor assessee should purchase or a residential house in
India within a period of one year before or two years from the date
of transfer or construct a residential house within three years from
the date of the transfer of the original house. (Construction must be
completed within these 3 years.), and
(ii) The new house property purchased or constructed has not been
transferred within a period of three years from the date of purchase
or construction.
Capital gain exemptions under sections 54, 54B, 54EC and 54F

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Capital gain exemptions under sections 54, 54B, 54EC and 54F

  • 1. From – Mansi Gandhi
  • 2. * CAPITAL GAIN EXEMPTION 54,54B,54EC,54F AT A GLANCE * Capital gain on sale of certain assets is exempted on purchase/construction of specified assets under section 54,54B,54EC,54F subject to few conditions. These exemption has been tabulated on the basis of following points. Who can claim exemption * Eligible assets sold * Assets to be acquired for exemption * Time limit for acquiring the new assets * Exemption Amount * Whether "Capital gain deposit account scheme" applicable * So it is easy to understand these exemption at a glance . Further these exemption are in depended to each other and person can claim combination of two ,if he is eligible otherwise.
  • 3. Long Term Capital Gain - u/s 54 u/s 54B u/s 54EC u/s 54F Exemption a. Who can claim Ind/HUF Individual /HUF added Any person Ind/HUF exemption by Finance Bill 2012 w.e.f fy 12-13 b. Eligible assets sold A residential Agriculture Any long-term Any long term House property landwhich has capital assets asset (other than a (minimum holding been used by assess (minimum holding residential house prop period 3 year) ee himself or by his period 3 years) erty ) provided on the parents for agriculture date of transfer the purposes during last 2 taxpayer does not own yrs of transfer more than one residential house property from the assessment year 2001- 02 (except the new house) c. Assets to be acquired Residential house Another agriculture land Bond of NHAI or Residential house for exemption property (urban or rural) REC property d. Time limit for Purchase :1 year 2 yrs forward 6 months forward Purchase :1 year back acquiring the new back or or 2 year forward, assets 2 year forw Construction: ard, 3 year forward Construction: 3 year forward e. Exemption Amount Investment in the Investment in Investment in the Investment in the new new assets or the agriculture land or new assets or capital assets / Net capital gain, which capital gain, which ever gain, which ever i Sale consideration ever is lower is lower s lower (Max. X capital gain Rs. 50 Lacs in Fin. Yr.) f. Whether "Capital gain Yes Yes not applicable Yes deposit account scheme" applicable
  • 4. * Long Term Capital Gain from the Transfer of Residential House Property (Section 54) The exemption under the Section 54 is available only an individual or a HUF who transfers (or sells) a residential house/property that results in a long-term capital gain, and then invests the amount of gain in acquiring a new residential house. This exemption is available subject to fulfilment of the following requirements: (i) The transferor shall be an individual or the HUF, (ii) The asset to be transferred must be of long-term capital asset, being buildings or lands appurtenant thereto, being a residential house, (iii) The income from such residential house shall be assessable under the head "Income from House Property", (iv) The transferor assesse should purchase a residential house in India within a period of one year before or two years from the date of transfer or construct a residential house within three years from the date of the transfer of the original house. (Construction must be completed within these 3 years.), and (v) The new house property purchased or constructed has not been transferred within a period of three years from the date of purchase or construction. Amount of Exemption. The amount of exemption under section 54 is 1. Equal to the amount of the capital gain if cost of new house property is more than the capital gain, or 2. Equal to the cost of the new house property if the cost is less than the capital gain.
  • 5. * Deposit Scheme under Section 54. Where the amount of capital gain is not so utilized for the purchase or construction of a new residential house before the due date of furnishing of the return of income, it shall be deposited by him on or before the due date in an account with a public sector bank in accordance with the Capital Gain Account Scheme, 1988. The amount already utilized on the new house together with the amount deposited shall be deemed to be the amount utilized for the purchase of new house under section 54. If the amount deposited is not utilised for the purpose of purchase or construction of new house within the stipulated period, then the amount not so utilised will be treated as long term capital gain of the previous year in which the period of three years expires. In such case the assesse is entitled to withdraw the amount from the bank. Consequences of Selling the New House Before 3-years. If the new house property is transferred within a period of three years from the date of the purchase or construction, the amount of capital gains arising therefrom, together with the amount of gains exempted earlier, will be chargeable to tax in the year of sale of the house property. To attain this, the amount of exemption under section 54 shall be reduced from the cost of acquisition to the new house, while calculating short-term capital gains on the transfer of the new asset.
  • 6. *Capital Gain on the Transfer of Agricultural Land (Section 54B) Capital gains arising on the transfer of land used by an individual or his parents for agricultural purposes for a period of two years immediately preceding the date of transfer is exempt form the tax if the individual assesse has purchased another agricultural land within a period of two years from the date of such transfer (subject to the requirements).
  • 7. *Capital Gain on Compulsory Acquisition of Land and Building of an Industrial Undertaking (Section 54D) * Capital gains arising on the compulsory acquisition of any land or building forming a part of an industrial undertaking is exempt subject to the following requirements: Such land or building was used by the assessee for the purpose of industrial undertaking for two years preceding the date of compulsory acquisition, * The assessee has purchased any land or building or constructed a building within 3 years from the date of the receipt of the compensation, and * Newly acquired land or building should be used for the purpose of shifting or re-establishing the said undertaking or setting up another industrial undertaking.
  • 8. *Long Term Capital Gain Exemption for Investment in Certain Bonds (Section 54EC) * This exemption is available an individual, HUF, company or any other person who invests the long term capital gain, within 6 months of a the transfer of the capital asset, in any of the specified bond (issued on or after April 1, 2006) redeemable after 3 years: National Highway Authority of India (NHAI), or * Rural Electrification Corporation Ltd. (REC) * There is a limit of Rs. 50 lakh on the investments on or after April 1, 2007. The face value of a bond is generally Rs. 10,000 and the rate of return correctly averages about 5.5 to 5.75 per cent. This return is taxable income.
  • 9. *Long Term Capital Gain from the Transfer of a Capital Asset other than Residential House Property (Section 54F) The exemption is available only an individual or a HUF who transfers (or sells) a capital asset that results in a long-term capital gain, and then invests the amount of gain in acquiring a new residential house. This exemption is available subject to fulfilment of the following requirements: (i) The transferor assessee should purchase or a residential house in India within a period of one year before or two years from the date of transfer or construct a residential house within three years from the date of the transfer of the original house. (Construction must be completed within these 3 years.), and (ii) The new house property purchased or constructed has not been transferred within a period of three years from the date of purchase or construction.