LTCG

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Chetan Uberoi (Querist)
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19 April 2009 Hi,

I was allotted a residential plot by HUDA in 2002, The allotment letter clearly stated that " the possession is here by offered". I was not aware that I also had to take a posession certificate from HUDA. I plan to sell the plot in 2009 and plan to complete the formality of collecting the possession certificate. Would the sale qualify for LTCG as per; "

(v) any transaction involving the allowing of the possession of any immovable
property to be taken or retained in part performance of a contract of the nature
In referred to in section 53A of the Transfer of Property Act, 1882 (4 of 1882) "; of I T Act is given u/s 2(47A) which under clause (v) recognise part performance as transfer of capital asset.
Regards
Chetan

CA Nitin Wadhwani

CA Nitin Wadhwani (Expert)
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19 April 2009 Yes.
The date of possession will be date of purchase.

Chetan Uberoi

Chetan Uberoi (Querist)
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19 April 2009 This means the sale of the plot in 2009 will qualify for LTCG?

CA Nitin Wadhwani

CA Nitin Wadhwani (Expert)
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20 April 2009 Yes.
But it would be better if u get me more through the contours of the transaction.

Chetan Uberoi

Chetan Uberoi (Querist)
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20 April 2009 Hi Nitin,

Thanks so much for your prompt response. Please let me have your email id and I will send you a copy of the allotment letter with details.

Regards

Chetan

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