Capital gain on sale of shop

Tax queries 196 views 7 replies

Shop was sold in Mar20 and payment was also received. However, due to lock-down, agreement could not be registered in Mar20 and will be done in 2020-21. Payment received was used in Mar20 to repay loan taken for another property in 2020.

Now the query is, in which year's return should we show the capital gain. In FY 2019-20 or FY 2020-21? 

 

Replies (7)

Shop was sold in Mar20 and payment was also received. However, due to lock-down, agreement could not be registered in Mar20 and will be done in 2020-21. Payment received was used in Mar20 to repay loan taken for another property in 2020.

Now the query is, in which year's return should we show the capital gain. In FY 2019-20 or FY 2020-21? 

 

Need More details like date of Receipt of payment, assessable value, market value, agreement value and date of execution of agreement.

If the payment was also received in FY 2019-20 then the Capital Gain should be reported in FY 2019-20. 

Originally posted by : Spurto Consultancy Services
If the payment was also received in FY 2019-20 then the Capital Gain should be reported in FY 2019-20. 

Correct me if i am wrong. If the amount received is not more than 105% of the assessable value then you can take the date of agreement as capital gain date which is in April i.e. 2020-21. However if its more than 105% than its the date of Receipt of payment which is 2019-20. 

In which year you receive the payment  in that year you  should  show the capital gain. 

 

Yes 100% of the payment was received in 2019-20, whereas agreement will be entered in Aug20 / Sept 20 (i.e. 2020-21).

Market value and agreement value  is same. Can you please tell me what is assesable value?

My query is: In which year should we consider the capital gain...19-20 or 20-21. Should it be in the year of payment or in the year of registration? The reason for delayed registration is lock-down..

So now the dates are like this:

Receipt of money (100%) - March 2020

Possession of shop was given in June 2020

Agreement for sale will be entered in August / September 2020, depending on lock-down situation.

So in which year should we show capital gain....19-20 or 20-21

Further this money was used for housing loan repayment in June 20. So I think this can be claimed u/s 54F.

 


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