Conditions
(a) All assessees whether individual, HUF, Company etc. can claim exemption u/s 54GA.
(b) Which asset should be transferred : The asset which is transferred should be a Plant, machinery, Land or Building or any right in land or building used for the purpose of industrial undertaking situated in urban area. Such asset can be either LTCA / STCA / Depreciable asset.
(c) When such new assets should be purchased or constructed : Such new assets should be purchased or constructed within time allowed i.e. 1 year before or 3 year after the “Zero Date”. Zero Date is the date of sale of original assets.
e.g. Suppose zero date is 7-8-2016. New assets should be purchased by 8-8-2015 and by 6-8-2019 (1 year <--------Zero date --->3 years).
Other Points
(i) purchased machinery or plant for the purpose of business of the industrial undertaking in the SEZ to which the said undertaking is shifted.
(ii) acquired building or land or constructed building for the purposes of his business in the SEZ.
(iii) shifted the original asset and transferred the establishment to SEZ. (Shifting expenses)
(iv) incurred expenses on such other purpose as may be specified in a scheme framed by the Central Govt. for the purpose of this section.
(d) Deposit scheme u/s Section 54(2) is applicable.
Amount of Exemption
Amount invested in such new asset within zero date + | AE |
Amount deposited in Scheduled Bank on or before the due date of furnishing of return | TE |
Total exempted amount limited to LTCG [AE+TE limited to LTCG] | xx |
Amount of capital gain exempted earlier out of deposited amount | TE |
Less: Amount invested in new assets within 3 years from the zero date | AE |
LTCG / STCG1 (Chargeable in the PY when period of 3 years expires from the zero date) | xx |
Note : 1 Depends upon original capital asset transferred.
Note: The remaining unutilised amount can bewithdrawnat any time after the expiry of 3 years from the zero date.
Consequences 2: Consequences if new asset is transferred within 3 years from the date of acquisition of new asset
The amount of capital gain exempted earlier + | LTCG |
+ The amount of capital gain arising on transfer of such new asset | STCG |
STCG (chargeable to tax in the year of transfer) (YOC = YOT) | STCG |
P1: X Ltd., located within the corporation limits, decided to shift its industrial undertaking to special economic zone. The company sold some of the assets and acquired new assets in the process of shifting. The relevant details are as follows :
| Land | Building | Plant & Machinery | Furniture |
Sale proceeds (sales effected in March 2017) | 8 | 18 | 16 | 3 |
Indexed cost of acquisition | 4 | NA | NA | NA |
Opening WDV as on 1-4-20 | - | 4 | 5 | 2 |
Cost of new assets purchased in July 2017 for the purpose of industry located in SEZ | 4 | 7 | 17 | 2 |
Compute the capital gains of X Ltd. for the assessment year 2017-18. Ans: STCG 1,00,000; LTCG 1,00,000.
Solution
| Land | Building | Plant & Machinery | Furniture |
Sale proceeds (sales effected in March 2017) | 8 | 18 | 16 | 3 |
Indexed cost of acquisition | 4 | NA | NA | NA |
Opening WDV as on 1-4-20 | - | 4 | 5 | 2 |
LTCG | 4 | - | - | - |
STCG | - | 14 | 11 | 1 |
Less : 54GA. Rs 28 L | 3 | 14 | 11 | - |
LTCG | 1 | - | - | - |
STCG | - | - | - | 1 |
Land : Purchased on January 20, 2011 | 4,26,000 |
Sold for | 22,00,000 |
Building [construction completed on March 14, 2014] WDV of building as on April 1, 2016 | 8,20,000 |
Sold for | 11,39,000 |
Cars WDV as on April 1, 2016 | 7,40,000 |
Sold for | 6,00,000 |
Expenses on shifting the undertaking | 1,15,000 |
Assets acquired for the undertaking in the SEZ (on or before June 25, 2017) |
|
Land | 3,00,000 |
Building | 5,00,000 |
Computers | 1,00,000 |
Car | 4,20,000 |
Machinery (second hand) | 2,00,000 |
Furniture | 50,000 |
There is no intention of investing in any other asset in this undertaking. Compute capital gain.
Ans: 69,994
Assignment
P1R: X owns a residential house which is self-occupied and also a house plot. He sells the house on January 31, 2017 and the house plot on February 15, 2017 for Rs 9,00,000 and Rs 5,00,000, respectively. The house was purchased on January 15, 2008 for Rs 4,00,000 and the plot on March 31, 2008 for Rs 2,00,000. X has purchased a new residential house on April 25, 2016 for Rs 5,00,000. Compute the income chargeable under the head “capital gains” for the AY 2017-18.
Ans: 15,270.
P2: Mr. ‘X’ furnishes the following data for the previous year ending 31-3-2017 :
(a) Preference shares of AB Ltd., 10,000 in number were sold on 31-3-2017, at Rs 500, for cash share.
(b) The above shares of 10,000, were acquired by ‘X’ in the following manner:
(i) Received as gift from his father on June 1, 1980, the market price on April 1, 1981 Rs 40 per share. (5,000 sha res)
(ii) Bonus shares received from AB Ltd. on 21-7-1995 (2,000 shares).
(iii) Purchased on 1-2-2002 at the price of Rs 125 per share (3,000 shares).
(c) Purchased one residential house at Rs 30,00,000, on 1-9-2017 from the sale proceeds of shares.
(d) ‘X’ is already owning a residential house, even before the purchase of above house.
You are required to compute the taxable capital gain.
Particulars | Date of acquisition | Cost of acquisition | Date of sale | Sale consideration |
RHP 1 | 2015-16 | 1,00,000 | 2016-17 | 1,25,000 |
Urban AL | 2015-16 | 80,000 | 2016-17 | 70,000 |
RHP 2 | 2008-09 | A 4,00,000 | 1-6-20 | 8,90,000 |
Gold | 2003-04 | 6,00,000 | 1-3-20 | 10,00,000 |
Diamond | 2011-12 | 1,50,000 | 20-8-20 | 4,90,000 |
Govt. securities | 2013-14 | 2,50,000 | 25-9-2016 | 3,70,000 |
| Date of purchase | Amount |
Equity shares of National Highway Authority of India | 26-3-2017 | 90,000 |
Bonds of Rural Electrification Corporation Ltd. | 19-8-20 | 25,000 |
Debentures of National Highway Authority of India | 12-12-20 | 3,20,000 |
Equity shares of LG (P) Ltd | 14-12-20 | 20,000 |
Agricultural land in rural area | 31-7-20 | 25,000 |
Ans: LTCG (3,40,568); STCG 15,000
P5: Mr. A who transfers land and building on 2-1-2017, furnishes the following information :
(i) Net consideration received Rs 10 lakhs.
(ii) Value adopted by stamp valuation authority, which was not contested by Mr. A Rs 17 lakhs.
(iii) Value ascertained by Valuation officer on reference by the Assessing Officer Rs 17 lakhs.
(iv) This land was distributed to Mr. A on the partial partition of his HUF on 1-4-1981. Fair market value of the land as on 1-4-1981 was Rs 1,10,000. (v) A residential building was constructed on the above land by Mr. A at a cost of Rs 3,20,000 (construction completed on 1-12-2013 during the Financial year 2013-14.
(vi) Short-term capital loss incurred on sale of shares during the Financial year 2013-14 Rs 2,05,000.
Compute amount of gain and also Mr. A seeks your advice as to the amount to be invested in NHAI bonds so as to be exempt from clutches of capital gain tax.
Ans: 79,113; 79,113 should be invested; 2,05,000 shall be carried forward to next year. The assessee can invest in NHAI within 6 months of the date of transfer i.e. by 1-7-2017. It may be noted that in case the assessee is a resident and does not have any other income, then no investment in bonds is required as income is upto the basic exemption.
P6: Mr. C inherited from his father 8 plots of land in 1980. His father had purchased the plots in 1960 for Rs 5 lakhs. The fair market value of the plots as on 1-4-1981 was Rs 8 lakhs. (Rs 1 lakh for each plot)
On 1st June 2006, C started a business of dealer in plots and converted the 8 plots as stock-in-trade of his business. He recorded the plots in his books at Rs 45 lakhs being the fair market value on that date. In June 2011, C sold the 8 plots for Rs 50 lakhs.
In the same year, he acquired a residential house property for Rs 45 lakhs. He invested an amount of Rs 5 lakhs in construction of one more floor in his house in June 2011. The house was sold by him in June 2016 for Rs 63,50,000.
The valuation adopted by the registration authorities for charge of stamp duty was Rs 95,50,000. As per the assessee’s request, the Assessing Officer made a reference to a Valuation Officer. The value determined by the Valuation Officer was Rs 97,20,000. Brokerage of 1% of sale consideration was paid by C.
Ans: PY 11-12 : LTCG 3,48,000; BI 5,00,000. PY 16-17 : LTCG 23,20,895
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