Exemption u/s 54D - Capital Gains - Industrial Land & Building
August 24, 2022
Section 54D of the Income Tax Act 1961 prescribes exemption in case of transfer of land or building used for industrial purpose.
This exemption is available to all types of assessees.
Exemption is available on compulsory acquisition of land or building of an industrial undertaking which was used by the assessee for industrial purpose in the 2 years immediately preceding the date on which transfer took place.
The assessee should have purchased any other land or building or constructed any other building for the purposes of re-establishing or shifting the industrial undertaking within 3 years from the date of receipt of compensation. (as clarified in section 54H)
The capital gain on compulsory acquisition of industrial land or building can be short term or long term.
Amount of exemption: The amount of capital gains which is exempt shall be the lower of amount of capital gains and cost of industrial land or building.
The provisions relating to CGAS Scheme and Lock in period are the same as prescribed in section 54 of the Act.
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