Income tax

This query is : Open

Awadhesh Gupta (Querist)
Follow

08 January 2013 A flat was purchased from DLF for Rs. One crore to be completed within 36 months. DLF delayed possession upto five years.
DLF paid Rs 18 lacs as 'Penalty for delayed Completion' of this real estate contract'

Question. I wish to know whether this penalty is taxable in the hands
of receiver? or can it be reduced from cost of the flat?

ramprasad

ramprasad (Expert)
Follow

09 January 2013 The right receive the compensation represents a right distinct from the right of the possession of the house property. Hence relinquishment of such right for the consideration would attract the capital gain tax.
In determining the amount of the capital gain the cost of acquisition of the asset has to be deducted. As the cost of acquisition cannot be determined, capital gain is not chargeable to tax.

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

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

office docs

Arun Borad

MUNISH KUMAR

RISHI LATTA

CA Aakarsh Jain

Subscribe Now

Income tax

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

Accountant

Manager- Finance and Compliance

CA Final

Senior Executive

GST CONSULTANCY

GST CONSULTANT