|
Is there any relief from tax arising on transfer
of long-term capital assets under the Income Tax Act,
1961?
apital Gains on sale of property used for residence
Section 54 of the Income Tax Act provides relief to
an individual or Hindu Undivided Family from capital
gains arising from transfer of a residential house held
by the assessee for a period of 36 months. Such capital
gains to the extent utilised for purchase (within 1
year before or 2 years after the date of sale) or construction
(within 3 years of date of sale) of a residential house
is exempt u/s 54. If the amount of capital gains is
proposed to be utilised, but is not so utilised upto
the due date for filing of return then, the amount of
unutilised capital gain is required to be deposited
in the "Capital Gains Account Scheme, 1988".
Capital Gains on transfer of capital assets other than
a residential house Section 54F of the Income Tax Act
exempts long term capital gains arising from transfer
of any long term capital asset other than a residential
house. Such capital gains to the extent utilised for
purchase (within 1 year before or 2 years after the
date of sale) or construction (within 3 years of date
of sale) of a residential house is exempt u/s 54F. To
be entitled to this exemption the assessee should not
own more than one residential house other than the house
sold as on the date of transfer. The provisions of depositing
the unutilised capital gain in the "Capital Gains Account
Scheme, 1988" as explained above is also applicable.
Capital Gains not to be charged on investment in specified
assets Section 54EC of the Income Tax Act provides relief
from capital gains arising from transfer of a long term
capital asset (i.e. an asset held by the assessee for
a period of 12 months in case of shares/units and 36
months in other cases). For claiming this exemption,
the capital gains has to be invested (within 6 months
of date of transfer) in notified bonds issued by:
- National Bank for Agriculture and Rural Development
(NABARD)
- National Highways Authority of India
- Rural Electrification Corporation Ltd
- National Housing Bank
- Small Industries Development Bank of India (SIDBI)
|