One of the basic condition provided under section 54 & 54 F is that the there must be construction or buying of residential house . For section 54, the value of such buy or constriction be equivalent to long term gains whereas in case of section 54F , the value of new residential house must be equal to net sale consideration (Click here to know what is net sales consideration) .
Since , the value is to be taken into account , to know the quantum of exemption, an issue comes in mind , if a person purchased a plot of land and then constructed house on that , whether the plot’s cost is also to be included.
The Central Board of Direct Taxes had issued circular no 667 dt 18/10/1993 to prevent any confusion on this issue. The circular is given below
434. Whether, in cases where the residential house is constructed within the specified period, the cost of such residential house can be taken to include the cost of the plot also1. Sections 54 and 54F provide for a deduction in cases where an assessee has, within a period of one year before or two years after the date on which the transfer of a capital asset takes place, purchased, or has within a period of three years after that date constructed, a residential house. The quantum of deduction is itself dependent upon the cost of such new asset. It has been represented to the Board that the cost of construction of the residential house should be taken to include the cost of the plot as, in a situation of purchase of any house property, the consideration paid generally includes the consideration for the plot also.
2. The Board has examined the issue whether, in cases where the residential house is constructed within the specified period, the cost of such residential house can be taken to include the cost of the plot also. The Board are of the view that the cost of the land is an integral part of the cost of the residential house, whether purchased or built. Accordingly, if the amount of capital gain for the purposes of section 54, and the net consideration for the purposes of section 54F, is appropriated towards purchase of a plot and also towards construction of a residential house thereon, the aggregate cost should be considered for determining the quantum of deduction under section 54/54F, provided that the acquisition of plot and also the construction thereon, are completed within the period specified in these sections.
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