Capital gains


This query is : Resolved 

24 April 2013 I recieved allotment for a under construction property in Feb 2010, under construction linked plan.
I sold this property in April 2013, more than three years after allotment, but before taking posession. As such, I believe my gain should be "long term".
However, as the property was bought in construction linked plan, some payments were made in 2011 and 2012- it hasnt been three years since.
Could you pls tell me if my gain on the property is long term or short term?
Thanks

24 April 2013 Long term capital gain will arise in such transaction. Time to be seen from the date the right to receive the property was acquired till the date it is transferred. calculate the indexed cost of payment as the purchase consideration.

24 April 2013 Thanks so much.
Is there any clause or case law I can refer to that clearly explains that this will be a long term gain?
Your help is much appreciated!

25 April 2013 Dear Experts,
Any thoughts on this?
Any Section/ Clause/ Case Law I can refer to that confirms that term (long/ short) is to be calculated from the date of allotment letter and not seperately for each payment made under the construction linked plan (in which case some payments may be long term and some may be short term)?
Thanks

30 April 2013 any thoughts on this?
thanks

30 April 2013 any thoughts on this?
Thanks

08 June 2013 The moment you have been allotted the flat you are the right of ownership provided you have paid the consideration. Hence, if you sale after 3 years you have to either purchase a new property and if value is less then 54EC by depositing the money in bonds or you can avail 54F


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
11 August 2026
Chartered Accountant

Aviv Global Pvt Ltd

Ahmedabad

CA

View Details
Company
14 August 2026
Semi Qualified

Goyanka & Associates

New Delhi

CA Inter

View Details
Company
17 August 2026
Chartered Accountant with US GAAP Experience

Austin Med Solutions Pvt Ltd

Bengaluru

CA

View Details
Company
ARTICLESHIP 24 August 2026
Article Assistant

M/s.S.G.Salecha & Co.

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 25 August 2026
CA Article's

Saini Pati Shah & Co LLP

Mumbai

CA Inter

View Details
Company
18 August 2026
Audit Assistant - Remote / Work From Home

CA ANOOP P K & ASSOCIATES

Kozhikode

CA Inter

View Details
Company
28 August 2026
Audit Manager

K A R M & CO

Mumbai

CMA

View Details
Company
ARTICLESHIP 17 August 2026
CA Article Trainee

ASC Group

Noida

CA Inter

View Details