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Can I show 2 lakhs purchase value of 3 floors in income tax?

T S Khurana

T S Khurana   |451 Answers  |Ask -

Tax Expert - Answered on Mar 04, 2025

A certified management accountant since 1993, T S Khurana is a fellow member of The Institute of Cost Accountants of India. His areas of expertise are income tax, specifically litigation cases, and GST.

Since the last 21 years, he has also been providing expert advice on financial matters, including investments and diversification of funds, and wealth building in the long term to his clients.
He believes that investment in real estate is the safest way for better returns and wealth generation over a period of time.

A former chairman of the Chandigarh Chapter of Institute of Cost Accountants of India, T S Khurana has also served as member of its technical committee.... more
Raj Question by Raj on Mar 04, 2025Hindi
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Hi My father purchase ist and barsati floor in 1986 @ 2 lac... He made 3rd floor construction... We dont have construction expenses bills Now he want to sell@ 10 lac each floor to 3 indiviual buyers, means total 30 lac sale considration ., how it can be shown in income tax... Will 2 lac buy value is divide in 3 floor?

Ans: 01. As per details provided in the question, your Cost for all the three Flats is Rs.2,00,000.00 only. This is due to lack of documentary evidence about Cost of Construction (Bills & Source of Finance etc.).
02. LTCG tax may be comparativly less, if you opt for LTCG calculation without Indexation.
03. I would suggest you to get a Certificate of an Architect, who would certify the cost of your property as on 01.04.2001. You may treat this as your Cost for 3 flats and work out your tax details.
Most welcome for any further clarification. Thanks.
Asked on - Mar 05, 2025 | Answered on Mar 05, 2025
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Sir if I follow new rule that my 2 lac property sold @ 30 lac....mean flat 28 lac profit from sale of 3 individual flat, And also I have ka capital gain account amount Rs 20 lac.... Can a buy a residential house for Rs 48 lac And above And club my 28 lac profit + 20 lac capital gain account in that property... As my father has No other property
Ans: As stated above, if your LTCG is Rs.28.00 lakhs & you Invest Rs.48.00 lakhs in Purchase of Residential house, with in 2 years from the date of Sale of property, there would be no LTCG.
Most welcome for any further clarifications. Thanks.
Asked on - Mar 05, 2025 | Answered on Mar 06, 2025
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Sir I am asking that father already opened capital gain account for rs 20 lac last year.... Now he has 3 flat left to sell, if he sell all three flat to 3 different person, means 3 registry will made.. In this 3 flat we will get approxy 10 lac capital gain in each flat.. Means 30 lac.. So can I buy 1 residential flat for 30lac( sold 3 flat) + 20 lac (will break capital gain account) total 50 lac.... Kya mai sare gain ko 1 flat purcahse mai laga sakta hun to save all tax
Ans: 01. The basic question is from which source amount of Rs.20.00 lakh has come, which was deposited in Capital Gain Account ?
02. Yes. You can sell multiple flats & purchase one residential house property. You would be eligible for exemption u/s 54.
Most welcome for any further clarifications. Thanks.
Asked on - Mar 06, 2025 | Answered on Mar 07, 2025
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Ans of 01) Property sold in march 24...and opened capital gain account for Rs 20 lac which was my capital gain after indexation... And file ITR showing capital gain account opend Now in April 2025 I will sold 3 other flat to 3 diff person, each flat generate 10 lac capital gain... Means total 30 lac.... I will buy a flat worth Rs 50 lac And use 30 lac as April 25 capital gain, And Break capital gain account for Rs 20 lac So total 50 lac Can I do so? Is it justify?
Ans: Seems O.K. LTCG on sale of 3 flats shall get exemption u/s 54, when you purchase a new flat for Rs.50.00 (L).
Most welcome for any further clarifications. Thanks.
Asked on - Mar 09, 2025 | Answered on Mar 12, 2025
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Sell of 3 flat in next FY will generate 30 lac capital gain + 20 lac already in capital gain account So can I use all 50 lac to purchase 50 lac residential house?
Ans: Yes. You can purchase a Flat Costing Rs.50.00 (L) & avail exemption u/s 54, PROVIDED your purchase of new flat of Rs.50.00 (L) is within 2 years from the date of Sale of all sold flats.
Most welcome for any further clarifications. Thanks.
Asked on - Mar 12, 2025 | Answered on Mar 13, 2025
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My father had 6 flats... He sold 1 flat in March 2024 whose indexation capital gain was 25 lakhs... We opened a capital gain account for that, then he bought 1 plot for 70 lakhs in July, sold the 2nd flat on July 24... took bonds for its capital gain, sold the 3rd property in February 2025 whose indexation capital gain will be 14 lakhs... Now the balance 3 flats will be sold in April 25 whose capital gain will be around 40 lakhs... How can I save tax... Can purchasing a plot reduce my tax in any way and what else can I do so that the tax on all the properties become zero.. Also want to withdrwal money from capital gain account(25 lac) Pls reply
Ans: 01. Your case is too complicated and details being provided are piece mail, which create confusion.
02. List out details of all sold properties with date, Amounts, Cost & Capital Gain, worked out by you. It should also include, what action you have taken for Tax Savings or to avail exemption u/s 54.
03. Based on the above table & Complete Information, we may be in a position to help you out.
04. Kindly ensure, that you don't miss any information, while forwarding the data.
Most welcome for any further clarifications. Thanks.
Asked on - Mar 13, 2025 | Answered on Mar 17, 2025
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Sir mere father ke pass total 6 residential flats the... Now he is stating selling all flats 1 flat sell karke jo capital gain bana tha uska maine 54ec bonds le liye.... Baat khatam 2nd flat unhone March 24 mai sell kiya tha jiska maine capital gain account open karke usme 25 lac( after indexation) dal diye... 3rd flat just Feb 25 mai sell kiya hai.. Us par capital gain amount jo aa raha hai vo 14 lac aa raha hai(after indexation) Rest 3 flats ki Registry april 25 mai hogi.. Jo unhone 1985 mai 2 lac ka liya tha.... In sabke beech unhone ek plot buy kiya tha july 24 mai @ 1.5 cr ka So mai aisa kya karun jo unka Tax nil ho jaye as well as capital gain mai jo 25 lac hain vo bhi free ho jayen
Ans: 01. I suppose the plot purchased in July-2024 for Rs.1.5 (Cr). This amount should have been paid officially, through banking channels & is confirmed on Registered Deed executed during purchase of plot.
02. Now this Plot needs to be constructed with in a period of three years, from the date of Sale of all Flats. Date of purchase should be considered from the date of Flat sold first of all.
03. Don,t forget to take completion certificate from the authorities, with in specified time limit.
04. This shall make you eligible to claim exemption i/s 54.
Most welcome for any further clarifications. Thanks.
Asked on - Mar 15, 2025 | Answered on Mar 17, 2025
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Father bought ist and 2nd floor @ 2 lac only in 1986, he made construction of 3rd floor... We don't have bills etc of construction Now in April 2025 all 3 flat will sell @ 24 lac each total amount 72 lac How I can Show this excecution in Income Tax... Also what will be my Tax liability
Ans: Your question has already been replied as above. Please don't repeat the same.
Wish you all the best. Thanks.
Asked on - Mar 17, 2025 | Answered on Mar 18, 2025
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No sir I don't want to construct that plot... Now What should I do now?
Ans: 01. If you don't construct the plot within specified time, you would not be eligible for exemption u/s 54.
02. Alternately, you may purchase Capital Gain Bonds & get exemption u/s 54EC. However, there is a upper limit of Rs.50.00 (L), for which you can claim exemption.
Most welcome for any further clarifications. Thanks.
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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Tejas

Tejas Chokshi  | Answer  |Ask -

Tax Expert - Answered on May 29, 2023

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I have purchased a land of Rs. 2.5 Lacs in 2001 and start constructions on that in 2005 with 2 floors and also completed the constructions with in 5 months. Taken a loan from DHFL of Rs. 5 Lac and also repaid in next 2-3 years. Just two years back also extended one floor. Now there is 3 complete floor and one half floor is there. If today I sell this property (which is approx 80 sqyds plot size) in 70 lacs then how much capital gain tax (if applicable) I need to pay. Pl. also note that we don't so much documents for constructions related and total exp. is around 25-30 Lacs on that.
Ans: To calculate the capital gains tax on the sale of your property, we need to consider the acquisition cost, the cost of improvement, and the sale proceeds. Let's break down the calculations:

Acquisition Cost:
The acquisition cost is the amount you paid for the land in 2001, which is Rs. 2.5 lakhs.

Cost of Improvement:
The cost of improvement includes the expenses incurred for construction and any subsequent additions or extensions made to the property. In this case, it includes the construction of the initial two floors, the extension of one floor, and any other related expenses. You mentioned that the total expenses were around 25-30 lakhs. Let's assume the cost of improvement is Rs. 28 lakhs.

Indexed Cost of Acquisition and Improvement:
To adjust the acquisition cost and cost of improvement for inflation, we need to calculate the indexed cost. The indexed cost is calculated using the Cost Inflation Index (CII) provided by the Income Tax Department. The CII for the relevant years can be found on the Income Tax Department's website.

Let's assume the CII for the year 2001-2002 was 100 and for the current financial year, it is 317.

Indexed Cost of Acquisition = Acquisition Cost × (CII for the year of sale/CII for the year of acquisition)
Indexed Cost of Acquisition = Rs. 2.5 lakhs × (317/100) = Rs. 7,92,500

Indexed Cost of Improvement = Cost of Improvement × (CII for the year of sale/CII for the year of improvement)
Indexed Cost of Improvement = Rs. 28 lakhs × (317/100) = Rs. 88,76,000

Capital Gain:
To calculate the capital gain, deduct the indexed cost of acquisition and the indexed cost of improvement from the sale proceeds.
Capital Gain = Sale Proceeds - (Indexed Cost of Acquisition + Indexed Cost of Improvement)
Capital Gain = Rs. 70 lakhs - (Rs. 7,92,500 + Rs. 88,76,000)
Capital Gain = Rs. -26,68,500 (Assuming the indexed cost is higher than the sale proceeds)

Since the calculated capital gain is negative, it means there is no capital gain tax applicable in this case. This is because the sale proceeds are less than the indexed cost of acquisition and improvement.

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Sushil

Sushil Sukhwani  |594 Answers  |Ask -

Study Abroad Expert - Answered on Apr 24, 2025

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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