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Capital gains

This query is : Resolved 
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(Querist)
26 May 2016 The Assessse is a businessman, he constructed three flats in Dehradun during FY 15-16. Sold all three for Rs 82,00,000 in FY 16-17. The Purchase of plot, Construction & sale is within a period of two years.
Cost of Construction Rs 65,00,000.

Can the Income of the Assessee be Filed U/s 44AD
Or it will be treated as capital gain
If treated as a business income does he need to keep bills or a valuation by approved valuer be sufficient.
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Rupesh Jain

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Rupesh Jain (Expert)
26 May 2016 you can file ITR u/s 44AD .
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