Capital gain - from date of allotment or posession

Hello Experts,

I purchased under construction flat in June 2012 and took home loan from SBI. EMI's started from August 2012. The first installement was demanded by builder immediately through demand note and bank paid it in August 2012 itself. In due course of time, flat was ready and I got posession in January 2015. I dont have formal allotment letter as such from builder. But I do have all demand letters and bank statement which clearly shows payments done to builder.

I am now selling my flat and the sale deed should be registered by May first week.

My queries are -
1. Will this sell be short term or long term capital gain. If posession date is considered (Jan 2015) then it is short term. But if date of allotment of flat or when the bank pays first installement to builder is to be considered as date of acquisition (August 2012),  then it will be long term. (Read somewhere that there is supreme court decision that date of flat allotment should be considered as date of acquisition). However still not sure. Please clear my doubt here from income tax point of view.

2. Will I be required to return all the tax benefits (interest + principle exemption) that I claimed for 3 years. If yes, how to calculate the amount.

Thanks...

-Abhay bakshi

Replies (1)

1. Long term gain, based on rights aquired in the asset.

2. can get deduction of interest paid for arriving net gain.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 14 August 2026
Article Assistant

N J Suresh & Associates

Bengaluru

CA Inter

View Details
Company
17 August 2026
Chartered Accountant with US GAAP Experience

Austin Med Solutions Pvt Ltd

Bengaluru

CA

View Details
Company
Featured 19 August 2026
Chartered Accountant

apricus india

Pune

CA

View Details
Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
ARTICLESHIP 04 September 2026
Accounts Executive

Hema Yashwanth & Associates

Chennai

B.Com

View Details
Company
21 August 2026
Finance Manager

Resollect Technologies Pvt Ltd

Mumbai

CA

View Details
Company
ARTICLESHIP 24 August 2026
Chartered Accountant Articles

Rohit KC Jain & Co

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 17 August 2026
Article Assistant

K R Kiran Kumar & Associates

Bengaluru

CA Inter

View Details