Capital gain after 23rd July 2024

Assessee is NRI, sold right of immovable property acquired on 2012 for 75lakhs at Jaypee builder construction but the construction not done and sold the right on 1 December 2025 for 80 lakhs, Assessee should get indexation benifit and benifit of long term capital loss.

ITR is not allowing indexation benifit and by default taking 12.5% tax rate without giving option of 20% with indexation so that assessee can get the benifit of loss. 

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Quick Summary
This discussion addresses capital gains tax for NRIs following changes effective from July 23rd, 2024. It explores whether indexation benefits and long-term capital loss provisions apply to the sale of rights in an under-construction property acquired before the date. The consensus suggests that 'rights in property' may not qualify for indexation after July 2024, meaning the ITR utility's default tax rate might be correct.

All the assets other than the land and building are not allowed indexation after July 2025. Not even 'Right in any property', so the ITR utility is correct for the same.

If there would be any land or building sale same scenario. 

No, if acquired before July, 2025.

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