What is the status of investment in new residential house u/s 54?
We sold a property in 2019 that had been purchased in 1975. The sale consideration was ₹1.15 crore. Out of this amount, ₹55 lakh was deposited in a Capital Gains Account Scheme (CGAS) account and was reported under Section 54 of the ITR. However, the actual long-term capital gain was only ₹17 lakh. At that time, we intended to use the amount deposited in the CGAS account solely for residential purposes. Now, when we approached the bank to withdraw the funds, they informed us that more than three years have elapsed and that Form G must be submitted and tax paid on the entire ₹55 lakh, after which the form must be stamped by the Income Tax Department. We would like to understand how the money can be withdrawn now, considering that the actual capital gain, as determined by the valuer, is only ₹17 lakh.
The money has not been invested at all; it is currently held in a Capital Gains Account, and we now wish to withdraw it.
You have to submit application for closure of Capital Gain Account alongwith Form G, tax challan etc. to the jurisdictional AO. If the actual capital gain is Rs.17 lacs then tax would be payable on Rs.17 lacs only
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Pay 20% indexed LTCG tax on full ₹55 lakh CGAS deposit (deemed capital gain under Section 54(4) after 3-year expiry, irrespective of actual ₹17 lakh gain). Submit Form G to Ghaziabad AO with ITR proof and tax challan. AO stamps form; bank releases funds. File belated ITR for FY 2021-22 first. Limited scope to argue proportionate relief (₹17L only) via CIT(A) appeal post-assessment.