Capital gain on constructed property

812 views 3 replies

A man has purchased a property in 1990 & after that in year 2011 he constructed the 4 storey on that building. now he has sold the 1/4th part of the land along with one storey.
now whether the gain on slae will be long term or short term?

Will Construction of property be treated as Improvement in already existing property?

Replies (3)

with reference to a case law Vimal Chand Golecha (1993) 201 ITR 442 (Raj)

in my openion you have to calculate capital gain seprately for both land and building.

 

Regards

there are other caselaw also you can refer

CIT v Lakshmi B. Menon (2003) 264 ITR 76 (Ker):

CIT v C.R. Subramanian (2000) 242 ITR 342 (Karn).

Ramachandra Rao (1999) 236 ITR 51 (Mad)

CIT v Citibank N.A. (2003) 261 ITR 570 (Bom)

For considering short term capital gain in case of Building and long term capital gain for Land at what basis sales consideration can be bifercated for computation.

Example:

If total sale consideration is 20,00,000

Land purchased in 1997 for Rs.2,00,000

And constructed building as on 1-4-16 at cost of 10,00,000 

Thank you in advance

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
29 June 2026
Accountant (Finance & Compliance)

TRIEYEZ

Kolkata

CA

View Details
Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details