Capital gains_from date of transfer or date of possession

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Bharat Bhushan Khanduja (Querist)
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15 August 2016 I had purchased Flat in May 2002 & sold in Apr2011. Capital Gains Longterm were used in buying another single flat on 20th Aug11 with Agreement to Sell. Same Flat was Transferred in my records in Builders Buyers Agreement on 30th Aug11. Thereafter, I took possession of the Flat from Builder on 7thDec2013.
Registration of Flat was done on 4th Aug2015.
If I want to sell the Flat, when is the earliest date I can look so that it does not fall in less than 36months crieteria.
Which is the date to be considered:- Date Agreement to Sell/Purchase--20 Aug2011, OR Date of TRansfer in Builders Buyers Agreement-- 30Aug2011 OR Date of Possession-- 7th Dec2013 OR Date Of Registry---4th Aug2015.

Amol S Joglekar

Amol S Joglekar (Expert)
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15 August 2016 since it is purchased from Builder...please consider the Completion Certificate date...This is issued by the Local Authority... say Corporation or Municipality as the case may be

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Bharat Bhushan Khanduja

Bharat Bhushan Khanduja (Querist)
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16 August 2016 Good Day Sir,
Thanks. Noted your reply to look for Completion Certificate. As such I donot have Completion Certificate. But Multi story Apartments are handed over for possession only after Builder receives Occupancy Certificate.

Amol S Joglekar

Amol S Joglekar (Expert)
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17 August 2016 In some parts of our country it is called Completion Certificate...hence I used that word... I was referring the same......

In your case, the date of Occupancy Certificate should be taken for your calculation

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Bharat Bhushan Khanduja

Bharat Bhushan Khanduja (Querist)
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17 August 2016 Thanks for prompt response.

Amol S Joglekar

Amol S Joglekar (Expert)
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17 August 2016 you are most welcome

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