31 January 2023
The assessee was holding a Slum property in X area.. The BMC wanted to expand the road where the slum was situated. Hence, the BMC entered into tripatriate agreement between BMC, assessee and builder to accommodate the asseessee in one of the flat in the building in Y area being developed by the builder. The stamp duty value reported in index 2 was NIL. Thereafter, on the same date, the assessee and builder entered into repurchase agreement where the builder bought the property from assessee at a nominal value but the stamp duty value reported in index 2 forming part of repurchase agreement was 1.3 cr. The tripatriate agreement and the repurchase agreement both are entered on the same date.
How will the capital gain be computed for the assessee. Whether it will be at the stamp duty value of 1.3 cr or at the nominal amount received by the assessee from the builder?
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