Calculation of capital gains tax in case of development agre

Hi,

I have given my land 461 sq yds for development in 2010 which i bought in 2001. The total builtup area is 10,000 sft. The share of landowner and builder is 40:60. so, i have got 4000sft  for my share.The construction was completed in June 2011.I have sold my entire flats constructed in that 4000 sft in 2012-2013. So, i would like to know how the capital gains tax would be calculated. What would be my sale consideration and cost inorder to calculate tax?

Please note that this is very urgent. Can anyone help me on this? let me know if more details are required.

 

Replies (4)

COST INFLATION INDEX WILL BE COMING INTO ROLE FOR THIS,

i.e,as u have bought land in 2001-02 the cii-426 for that year and if u have sold now then the cii is 852,

here amount taxable is sale consideration-(expenses incurred for sale)-(cost of purchase after inflation index)-cost for improvement

eg:sale consideration 10lacks,expenses for sale-25000,land as on 2001-02-3lacks and cost of improvement as on 11-12 100000,

now taxable amount,

                                             sale consideration =1000000

less:cost of purchase after considering cci    =300000*852/426

                                                                           =600000

            cost of improvement=100000*852/785  =108535

                                                expenses for sale  =25000

                                                     taxable amount =266465

   the amount is taxable as long term capital gain since u hold asset for a period more than 3yrs and taxable @ 20% of 266465

       wait for others to reply

capital gains accrue for land in the year 2010 due to handing over possession of land  and for building(flat) in 2012-13

Ya Vikas is right ...because possession of Flat still in yours hand which is sold in 12-13

when land is given for joint development , possession is handed over and capital gains attracted immediately for land portion. Refer Bombay High court decision

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