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Tejas

Tejas Chokshi  |126 Answers  |Ask -

Tax Expert - Answered on Aug 07, 2023

CA Tejas Chokshi has over 20 years of experience in financial planning, income tax planning, strategic and risk advisory, banking and financial products and accounting and auditing.
He is an information system auditor, a forensic auditor and concurrent bank auditor.
Chokshi, who has a master’s degree in management, audit and accounting from Gujarat University, has completed his CA from the Institute of Chartered Accountants of India.... more
Deepak Question by Deepak on Jul 31, 2023Hindi
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I bought a land in 2006 and sold (got rid of) it in 2022. However, the sale value is equal to the purchase value as there no appreciation. In fact i realised that i actually bought ot at inflated price. The registration smount is equal to the sale / purchase amount. Is there any means to offset this loss during tax return file?

Ans: If you have sold a property at a value equal to the purchase value and you've incurred a loss due to factors like inflation or other costs, you might be eligible to claim a capital loss.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Asked by Anonymous - Feb 17, 2023Hindi
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I bought a Flat, with JOINT ownership with my wife, in December, 2021. The Conveyance Deed (amounting Rs.93.60 Lakh) was got executed & registered by the Builder in our favour in May, 2022. This Flat was earlier sold by the Builder to another person but the earlier owner never got executed/registered the conveyance deed and transfered/surrendered back the ownership on settlement of outstanding loan etc. by us, through finance by Bank, in December, 2021. We both are repaying the EMI for this joint property. Now, I have soldout my another house property (built in 2004 and was in single ownership in my name and not jointly with wife) in February, 2023 in Rs.90.00 lakh. Kindly let me know whether the capital gain of property sold by me can be adjusted against the property bought in JOINT TITLE / OWNERSHIP with wife.Thanks and Regards.
Ans: The provisions of Section 54 of Income Tax Act, which allows you to buy a residential property earlier and then sell some other residential property and adjust the LTCG (Long Term Capital Gains) of the latter into the former, is available only if the gap between the two transactions is One year or less.

In your case, you have written that you ‘bought’ the house in Dec 2021, and then ‘Conveyance Deed’ was done in May 2022. This is confusing since the applicability of Section 54 of Income Tax Act is specifically with ‘possession’ of the house.

If you got possession of the house in Dec 21, then the gap between possession of new house and sale of old house is more than One year and hence you cannot adjust the LTCG of the two properties.

If you got the possession of the new house in May 2022, then the Section 54 of Income Tax Act is applicable to you. Since the new house has been jointly bought and both of you have paid for it, then the LTCG of the sold house will be adjusted to the extent of your share in the newly bought house. If it gets fully adjusted, well-and-good. If not, then you will have to exercise other options (buy a property, buy 54EC bonds or pay the tax) as per Section 54.

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