| Question And Answer | |
|---|---|
| Subject: | Regards exemption of stamp duty & registration charges towards flat purchased after selling Listed shares and mutual funds as per Section 54F in Income tax |
| Category: | Income-Tax |
| Querist: | P S MARWAH |
| Answered by: | Law Intern |
| Tags: | Capital Gains, Section 54F deduction |
| Date: | July 12, 2025 |
Can you pls. answer my query , Since We purchased flat @ Rs.60,00,000 with co-owner as (wife) with equal 50% share after selling Listed shares along with equity based mutual funds & obtained certain LTCG both individually and only I paid stamp duty/registration charges & brokerage etc. about Rs.565,236[445,236+(120,000 brokerage)] on whole full amount of the cost of flat . Here it may be added that we invested partial amount, means less than net sales considerations each. Can we avail exemption in sec 54F partially against long term capital gain each individually and please reply, can we claim/get exemption in Sec 54F as per income tax act and also along with the amount paid for stamp duties/registration charges & brokerages etc. since I only paid the said charges.
Yes, you and your wife can claim exemption under Section 54F individually for your respective LTCG, proportional to the amount invested in the flat (₹30,00,000 each) relative to your net sale consideration. Stamp duty and registration charges (₹4,45,236) can generally be included in the cost of the flat for exemption purposes, but brokerage (₹1,20,000) may not be allowed unless supported by specific documentation or judicial precedent. Since you paid these charges, you can claim them as part of your investment (₹34,45,236), while your wife’s investment remains ₹30,00,000.