Will compensation received from builder attract cgas

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Hi,

This is my case. I booked a flat in an under development project. i paid full cost of the flat to the builder. about 2 years after the booking there was a dispute with the builder. builder raised illegal building infront of the tower housing my flat. I went to court. builder refused to handover the flat. After 2 years of litigation I settled the matter by surrendering the flat to the builder and taking market price of the flat and compensation. This compensation given was much more than the cost inflation index (the market price of the flat at the time of surrender according to inflation index). Will this compensation (gains) attract Capital gains tax. Can it not be treated as compensation. Does compensation attract tax? Since then I have used this compensation to buy some other flat and invested some in REC bond. I need services of CA who has very good experience in handling CGAS cases.Thanks

Replies (5)

What was time period between original purchase agreement and cancellation deed? totally 2 years or 4 years?

First agreement was in Jan 2008 Final settlement and surrender was in Jan 2013. So 5 years.

Kolkata Income Tax Applelate Tribunal in the case of Subhas Chandra Parmanandka (ITA No.1614/Kol/2010) held that income from transfer of right to purchase a flat is taxable as Capital gains. Compensation received over and above the booking amount is equivalent to consideration received on transfer of right to acquire property and is taxable under capital gains.

Also the right if held for more than 36 months will be treated as long term capital gain there by allowing relief from capital gain if invested in residential property.

As you have already invested  the Long term gains for purchase of a residential property & in REC (hope capital Gains bonds u/s. 54EC), there should not be any tax liability left over.

Sir thank you for the kind reply. Not all of the compensation was used for purchase of another flat and REC bond as some was left over. My question is can i deduct litigation expenses from the gain and also expenditure in renovation of the flat?

Yes, any expenses incurred for procurement of the compensation can be deducted, but expenditure of renovation may not be allowed. Secondly, only capital gains (long term), is to be utilized for calculation of exemption u/s. 54 & 54EC.


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