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Capital gain in case of contracts with builder

Tax queries 360 views 2 replies

Query is regarding all possible Tax implication in case of Building construction contract .

Eg. Builder has taken contract for building on the land owned by the individual.As the consideration for building ,builder is given possession of Top floor say five floor were Built.

 Now mine query is whether  there is transfer amounting to transfer in case of payment made to builder  via allowing the possession of said fifth floor,consideration for building. If there is transfer amounting to capital gain then what will be the sale consideration,cost of acquisition .Please explain all the possible tax implication as regard capital gain ?

And also the applicability of tds and service tax on such cases.?

Experts views with  any case laws ,supporting will be worthsome .

Replies (2)

One has to look at the details of developement agreement between the builder and the individual. The builder will charge service tax. The individual may deduct TDS from payment if he is liable to. 

It has been agreed at the time of contract that builder will be given posession fifth floor as the consideration for undertaking construction. what could be the position as regard capital gain and other tax implication in the aforesaid case. will be really thankful on any kind of information as regard the matter.,


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