If amount received by tenant is considered as sales consideration for capital gain,then what will be the cost of acquisition? Will rent paid be the cost of acquisition or will it be Nil?
In that case the proper transaction what I'm getting is, landlord has paid certain amounts to tenant, then amount so received would be chargeable to capital gains tax being relinquishment of rights which amounts to transfer under 2(47).
however will be taxed as LTCG if holding morethan 36 months being immovable property otherwise STCG.