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Can capital gains exemption u/s 54F or 54 be claimed for buying land also?

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Excerpt: Yes, one can claim exemption from capital gains u/s 54 or 54F for land purchase , but only if the said land is part of land on which house is being constructed.  This is the decision in ACIT vs Narendra Mohan Uniyal (2009) 34 SOT 152(Del), dt.31.08.2009. Facts of the case The assessee sold a piece of land for Rs.1.20 crores which was purchased by him in the financial year 1989-90, which resulted into capital gains of Rs.31.04 lakhs. A claim of deduction under section 54F was filed on the plea that subsequent to the sale of plot, the assessee purchased a piece…

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Is Medical Reimbursement Taxable ?

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Excerpt: Is Income received from Medical reimbursement of Govt. employee’s son suffering from blood cancer is added in total income? In my office One Staff Nurse having son suffering from blood cancer. Her annual income from salary 3,25,000/- for the year 2009-2010. Her Medical reimbursement bill is 7,35,000/- this amount is other than salary income in 2009-2010 .Is this reimbursement bill amount should be added to her total Income from salary? S.G .Pundit, Kolhapur As per section  17(2) of the I T Act , medical reimbursement by an employer is not taxable in hand of an employee as perquisite if  treatment of…

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Is Alimony Paid To Wife Taxable In Her Hand?

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Excerpt: What will be the tax implications of the following payments received by a divorced lady from her former husband: Fixed maintenance charges at Rs.25,000 p.m. for six to eight months (after the divorce) followed by two lump sum payments of Rs.5 lakhs each as final settlement (can we call this alimony?). Will there be any difference in the nature of taxability in case the lady in question is a Muslim? AP Thazhathethil , AhmedabadThe higher legal authorities have considered the isse which type of receipt comes in the category of income liable to be taxed under Income Tax Act. Every…

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Easiest HRA Exemption Calculator

January , Feburary & March is taxing months. Everyone who earns taxable income certainly thinks about its at least once. Here is simple excel tool to help you compute the tax exemption out of House Rent Allowance.

Play with tool and please report error if any or any improvement.

Please report any error !

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Can You Claim Exemption u/s 54F for Modification or Expansion of An Existing House ?

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Excerpt: No , said the Kerala High Court in Meera Jacob vs ITO [ dt of order 9/06/2008 ] 313 ITR 411 . The small order of Hon,ble High Court is as under :   The question involved is whether the assessee, in the computation of long term capital gains, is entitled to deduction under Section 54F of the Income tax Act in respect of investment in modification/expansion of an existing residential house. The Tribunal took the stand that exemption is available only when the investment is in the construction of a…

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Is Exemption u/s Sec. 54 Allowed Even if New House is Purchased from Borrowed Funds ?

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Excerpt: Section 54 provides relief to a tax payer who gets gains on account of sale of residential house. The provision u/s 54 provides that tax will not be imposed on long term gains on sale of residential house up to the extent gains  same is utilised for buying house within two years from the date of transfer of sold assets or constructing the house within three years from the date of transfer of sold assets . But the question is whether a tax payer has to spend on new residential house the same money which he got out of…

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Two Recent Judgments Proving Very Taxing For Assessee!

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Excerpt: Income Tax Act has a provision u/s 14A which states, in simple terms , that any expense incurred by a taxpayer on earning of income which is exempt from tax is not allowable as deduction. There was however , no method of computation provided and thus considerable litigation ensued between Income Tax Department and the tax payers related to computation of expense used for earning income exempt from taxation. For example ,a tax payer who received huge amount of dividend. Dividend is exempt from tax. In his P & L accounts, although he debits many expense like-interest,other indirect cost…

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Can You Claim Exemption u/s 54 & 54EC Simultaneously ?

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Excerpt: I have sold a residential house in April’ 09 on which the long term capital gain is working out to be Rs.20 lacs.Also, I purchased a residential house in March’09 (I do not have any other residential property of any kind) for Rs.12Lacs.Can I invest Rs.8 Lacs in NHAI Capital gain bonds (under sec54ec) to get exemption of tax payment to full extent.The query can be summarised as follows: Can I take advantage of both CAPITAL GAIN BONDS and RESIDENTIAL HOUSE in minimizing my long term capital gain liability or is any one of the above options that I need to…

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Claim of Exemption for Right to Buy Flat Is Valid

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Excerpt: I sold a piece of land in April 2004 with LTCG of Rs 1600000/. At the cost of 1800000/ got the right of purchased OF FLAT endorsed in my favour by the person who originally booked the flat with builder in APR05 .Original allottee has paid to the builder rs 1500000/ as 90% of the cost which was automatically adjusted against the cost of flat to me by the builder.The flat was jointly purchased with my wife the entire sum was paid by me to original purchaser rs 1800000/in April 2005.The last instalment of Rs 82000/ was paid to the…

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