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Samraat Jadhav  |2213 Answers  |Ask -

Stock Market Expert - Answered on Feb 08, 2024

Samraat Jadhav is the founder of Prosperity Wealth Adviser.
He is a SEBI-registered investment and research analyst and has over 18 years of experience in managing high-end portfolios.
A management graduate from XLRI-Jamshedpur, Jadhav specialises in portfolio management, investment banking, financial planning, derivatives, equities and capital markets.... more
Abhijit Question by Abhijit on Apr 13, 2023Hindi
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Hi Jigar , I am a long term investor, would want your advice for some of my investment which is at a loss currently. 1. 500 shares of SRPL @ 113 2. 210 NGIL @ 289 3. 375 Motherson @ 189

Ans: exit all an invest in bluechips

Disclaimer: Investments in securities are subject to market RISKS. Read all the related documents carefully before investing. Please consult your appointed/paid financial adviser before taking any decision. The securities quoted are for illustration only and are not recommendatory. Registration granted by SEBI, membership of BASL and certification from NISM in no way guarantee performance of the intermediary or provide any assurance of returns to investors.
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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I have utilised my sale proceedings and hence the entire capital gains by registering a new flat, but the entire payment is not released to the builder. It will be released in a phased manner as per progress of the building. Do I still need to open a CGAS account and put the unutilized capital gains money there?
Ans: Since you have already registered the new flat and fully committed the capital gains towards its purchase, you do not need to open a Capital Gains Account Scheme (CGAS) account. However, there are some key points to consider:

1. Conditions for Capital Gains Exemption (Section 54 or 54F)
You must invest the capital gains in a new residential property within 2 years (for resale property) or within 3 years (for under-construction property).
Since you have registered the property, your investment is considered "committed" even if payments are made in phases.
The Income Tax Department typically considers the date of agreement/registration as the date of investment, not the date of actual payment.
2. When is a CGAS Account Needed?
A CGAS account is required only if the capital gains money is not used before the Income Tax Return (ITR) filing deadline (July 31st) of the respective financial year.
Since your funds are already allocated towards the flat purchase, you are not required to park them in CGAS, even if disbursement is pending.
3. Ensure Proper Documentation
Keep records of the flat registration, builder agreement, and payment schedule.
Retain proofs of capital gains utilization from the sale proceeds.
If assessed, you can justify that the gains were committed for the property purchase.
Final Insights
Since you have already registered the new flat and the payment schedule is fixed, you do not need a CGAS account. However, ensure that all payments are completed within 3 years to comply with exemption rules. Keep all documents handy in case of future tax scrutiny.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

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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