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Capital gain tax


12 June 2013 Dear Sir,

I had booked a new flat in Bangalore in Jan-2011, the total cost being Rs. 45,00,000/-, and started paying the builder in installments. After completion of construction, I got the flat registered in Feb-2013 in my name for the above amount.

Meanwhile, I sold a property in Oct-12 and earned a capital gain of about Rs. 30,00,000/-.

Am I allowed to adjust the above Capital Gain I earned in the new property?

In case more details about the purchase / sale are required, please let me know.


P M Suresh

12 June 2013 IT IS SHORT TERM CAPILTA GAIN
IT IS NOT POSSIBLE TO ADJUST WITH NEW PROPERTY

12 June 2013 Dear Rupesh,

Thank you very much for your quick response.

I forgot to mention that the property I sold was acquired in 2001, i.e. the property acquired in 2001 was sold in 2012 (after 11 years). So the Rs. 30,00,000/- Capital Gain I earned, I believe, is Long Term Capital Gain.

For the new property, the Sale Deed registered was for Rs. 15,85,000/- and I also had entered a construction agreement with the builder for constructing the flat for Rs. 25,00,000/-. With other taxes, registration charges, etc. the total cost of the flat amounted to approximately Rs. 45,00,000/-.

My question is:
Whether I can adjust this Long Term Capital Gain of Rs. 30,00,000/- with the new residential flat I got registered in Feb-13, including both the Sale Deed amount and also the Construction Cost? Please note that I started paying for the new flat in installments from Jan-2011.

Thanks,

Best Regards,

P M Suresh






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