Big & Technical Query for Capital Gain on Property

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Deepen Keniya

CA Final Student

93 Points Posted on 15 April 2009

I have purchased property worth Rs.900000 in Six Equal Installments of Rs.150000 paid by Cheque. The First installment was paid on 1-4-1993 and Last installment paid on 31-3-2000.

After the Full Payment the Cost of Improvement was incurred on 1-10-2000 with the amounts of Rs.200000 Paid by Cheque.

The Possession was received on 1-4-2001 from the Builder along with the contract note on his Letter Pad with his signature on it.

The Purchase Agreement was made on 1-4-2006 from the builder. The property was sold on 31-10-2008 for an amount of Rs.250000.

My Query is :

(1) The Capital Gain on this property is Short Term or Long Term?

(2) If the Capital Gain is Long Term then what date should be taken for calculation of the Indexation of the Cost of Acquisition of property i.e. 01-04-1993 or 31-03-2000 or 01-04-2001?

(3) If 01-04-1993 taken then what is the amount taken for Cost of Indexation and what about the Remaining Installment of Rs.750000. Should it be taken as Cost of Improvement?

(4) If 01-04-2001 taken then amount taken for Cost of Indexation is Rs.900000 or Rs.1100000?

Replies (3)

Nitesh

service

136 Points Posted on 15 April 2009

Dear Deepan,

First try to understand when was the ownership and risk transffered to you. Agreement is the base for arriving at above date.

Accordingly u casn decide whether it is longterm or short term as per section 54 of capital gains.

Rgds./Nitesh

Satish

CA Final Student

479 Points Posted on 15 May 2009

Dear Deepan,

The acquisition date of the flat will be the date you receive the possession as it is evident from the letter of possession that the property is ready for use. So the indexation will start from the year of possession. The cost of improvement would be included in total cost of flat as it is incurred during the construction phase. So its a long term capital gain and acquisition cost for indexation would be 1100000.