I seek the following clarifications with reference to Capital Gain :
1. Land Owner enters into a Joint venture agreement with a Flat Promoter.
2.The Flat Promoter in turn entered into an agreement with a reputed Builder.
3.The Land owner is a Director in the Flat Promoting Company as well as in the Builder Company.
4.Land owner agrees to take 10 flats out of 72 flats proposed.
Queries :
a) What is the consideration for the purpose of Capital Gain in the hand of the Land Owner.
b) What is the cost of land(Undivided Share)for the Flat Promoter for the purpose of valuation of Stock in trade.
c) The implication of TN VAT on Flat Promoter on the difference in construction cost(by the Builder) and the selling price (by Flat Promoter) and at what rate.
07 July 2010
1. The land owner gets 10 Flats. Fair Market value of 1 flat is say 3.6 lacs (including cost of undivided land). Consideration for the flat owner would be 36 lacs.
2. Since there are total 72 flats in the hands of the flat developer and consideration for land paid by him is 36lacs undivided land would be proportionately calculated to Rs .50 lac per flat which has remained as stock in trade. 3. I am leaving your 3rd query as unanswered for TN VAT experts. (sorrry)