Buy Back of Flat

Tax planning 386 views 4 replies

I have booked a flat during prelaunch by paying full amount (as the builder was offering attractive discount) and entered into an agreement via e-stamp paper (not registered). Now 3+ years are over the builder is ready to buy back the property and I found the deal is reasonable. He will execute similar e-stamp paper based documentation without registration. My question is

 

1) Can this be considered as Long term gain as the duration is more than 3+ years

2) As the property is not transferred can the e-stamp based buy and sale agreement be used for IT purpose or any other additoinal documentation we need.

Replies (4)
This won't be under capital gain.

need to be taxed under other sources income.

please consult others too. ...
Dear Mr. Siva

This is a classic case of sale of rights in a property and not a sale of property.

Clearly, it is taxable as long term capital gains.

However, tax planning should be done by looking at alternatives available under the Act which might help in reducing the tax outflow.

Rgds
CA. Raj Doshi
R C D & Co.
Chartered Accountants
Kandivali West,Mumbai
Yes I agreed with Mr CA Raj Doshi.,

1. Yes, It's under LTCG. calculate the income as per LTCG and pay tax if applicable.

2. For IT purpose it's enough.

Thanks a lot team. I thought it is LTCG only and got the context via the reply once again thanks for all your time and expert opinions.


CCI Pro

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