Section 54 D: Compulsory Acquisition Of Land Or Building Forming Part Of An Industrial Undertaking And Purchase Of Any Other Land Or Building Forming Part Of An Industrial Undertaking.
Asset to be transferred: Land or building forming part of industrial undertaking.
Asset on which capital gain to be invested: Land or building forming part of industrial undertaking.
1. ELIGIBLE ASSESSEE
- All assessees.
2. CONDITIONS
- The asset transferred can be a short term or long term capital asset.
- The land or building should have been used for industrial purposes by the assesse for at least 2 years immediately preceding the date of transfer.
- The land or building for setting up or re-establishing existing or new industraial undertaking should be purchased/constructed as the case maybe within 3 years from the date of compulsory acquisition.
3. AMOUNT OF EXEMPTION
- Amount invested in new land or building, (or) capital gain whichever is less.
4. UNUTILISED CAPITAL GAIN (Capital Gain Account Scheme)
- Unutilised capital gain can be claimed as exemption by depositing the same in the capital gain deposit A/c scheme with any nationalised bank before the due date of filing return of income.
- If the amount in the capital gain deposit A/c scheme remains unutilised for a period of 3 years (in case of purchase or construction of any land or building), the unutilised amount will be taxable as LTCG in the PY in which the 3 years expires.
5. WITHDRAWAL OF EXEMPTION
- The newly acquired land or building should not be transferred within a period of 3 years from the date of acquisition.
- If transferred, the cost of new asset shall be reduced by the amount of capital gain exempted earlier while calculating capital gain in the year of transfer.
- By reducing the capital gain from the cost of asset, the amount of capital gain exempted earlier is indirectly chargeable to tax in the year of sale of newly acquired land or building.