CAPITAL GAIN


This query is : Resolved 

25 November 2008 cOST OF LAND PURCHASED IN 86-87- 2.25 LACS

COST OF CONSTRUCTION OF BLDG IN 99-00- 12.00 LACS(ON WHICH DEP CLAIMED EVERY YEAR )

LAND & BLDG SOLD IN 07-08 - 39.50 LACS

MY QUERY IS WHETHER THERE WUD BE LONG OR SHORT TERM CAPITAL GAIN AND HOW MUCH ????????

25 November 2008 You can follow the judgement given in the case "C.I.T. Vs. Yamuna Syndicate Ltd.".

When a single assets like the building is transferred, consideration has to be approtioned between the depreciable portion i.e. building and non-depreciable i.e. Land for implemanting section 50.

So Long term capital gain on sale of land and short term capital gain on sale of building.

25 November 2008 Continuing Tilak, you may also refer the case law CIT Vs Dr.D.L.Ramachandra Rao (1999) 236 ITR 51 (Mad).

27 November 2008 Thanx for the reply ..........


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