Indexation of cost of improvement


This query is : Resolved 

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
15 March 2014 I Purchased a house in the year 31.3.2000 and in 31.3.2012 I demolished that house and constructed a Three houses in three floors In those three houses I Sold Two houses in 31.3.2013 whether the capital gain arising for me is Long-term or Short-term If Long-term can I claim Indexation for cost of improvement or not?

Please quote Section or case laws if possible..

Thanks in Advance.

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
15 March 2014 capital gain is longterm but you can not claim indexation on cost of improvement.

15 March 2014 there is a case law Ch. Sudheer Reddy, Hyderabad vs Assessee ITA No.202/Hyd/2009

In this case, the assessee had similar circumstances. What he did was to calculate the value of land and apportion it to the each floor/unit sold. the value of land was offered as long term capital gains (but natural that there was no cost of improvement involved here). the units constructed and sold were offered to tax as short term capital gains after reducing the cost of construction.

that should be the right treatment in your case too.

15 March 2014 Gain on land sales is LTCG and on building is STCG.

Case law :- CIT Vs. Dr. D.L. Ramachandra Rao [1999] 236 ITR 51 (Mad).



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
25 August 2026
Senior Accountant

MG Associates

New Delhi

CA Inter

View Details
Company
Featured 11 September 2026
Audit Executive

RBSM Corporate Advisors Private Limited

Pune

CA

View Details
Company
ARTICLESHIP 07 September 2026
CA Articles

Kothari Jain Patil & Chartered Accountants

Pune

CA Inter

View Details
Company
16 September 2026
Internal Audit - Team Lead

Consulting & Beyond

Chennai

CA

View Details
Company
24 August 2026
Semi-Qualified CA/CA Finalist - Tax, GST, Audit & Accounts

Bharat Shah & Associates

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 01 September 2026
Articles

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Foundation

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
28 August 2026
Assistant Manager

NRS AND ASSOCIATES

Kozhikode

CA Inter

View Details