Capital Gain on Sale of SRA Allotted Flat Received Against ₹7,000 Payment in 1997

We had paid ₹7,000 in 1997 under an SRA/Government rehabilitation scheme in Mumbai. Based on that allotment, we were allotted a flat in 2007.

At the time of allotment, no stamp duty or registration charges were paid, as the flat was allotted by the Government/SRA under the scheme.

Now, in 2026, we are planning to sell the flat for ₹40 lakh.

My queries are:

  1. Will capital gains tax be applicable on the sale of this SRA allotted flat?

  2. What should be considered as the cost of acquisition for computing capital gains?

    • Can only ₹7,000 paid in 1997 be taken as the cost of acquisition?
    • If yes, the capital gain would be calculated on almost the entire sale consideration.
  3. Since no stamp duty and registration charges were paid by us at the time of allotment, does that affect the capital gain computation?

  4. The buyer will be paying stamp duty and registration charges for the first time on this property. Does this have any relevance for calculating the seller's capital gains?

My main concern is whether capital gains tax is applicable in this case and what amount can legally be considered as the cost of acquisition. Any guidance from experts would be highly appreciated.

Replies (3)
Quick Summary
This discussion addresses capital gains tax on the sale of an SRA allotted flat originally acquired for a nominal sum in 1997. Experts clarify that Long-Term Capital Gains (LTCG) tax will apply. Crucially, the cost of acquisition can be based on the Fair Market Value as of April 1, 2001, not just the initial payment. The absence of stamp duty paid at allotment doesn't affect the seller's capital gains calculation, but the sale price should align with the Stamp Duty Value to avoid deemed taxation.

Yes, the sale will attract Long-Term Capital Gains (LTCG) tax. You do not have to use the ₹7,000 as your cost; because your rights predate 2001, you can use the Fair Market Value as of April 1, 2001, as your Cost of Acquisition. The lack of stamp duty paid in 2007 does not harm your computation, but you must ensure your ₹40 lakh sale price is not significantly lower than the property's current Stamp Duty Value (Section 50C) to avoid being taxed on a higher deemed sale value.

Hi Aashok Kumar Sharma,

Thank you for your guidance.

If I use the Fair Market Value (FMV) as on 01-Apr-2001 as the cost of acquisition, how can I determine or calculate that FMV in the case of an SRA/allotted property where no market purchase transaction took place?

Also, is it necessary to obtain a valuation report from a Government Approved Valuer/Registered Valuer for claiming FMV as on 01-Apr-2001?

In case of scrutiny by the Income Tax Department, what documents or evidence would be required to support the FMV adopted as on 01-Apr-2001?

For property acquired before April 1, 2001, you can substitute the actual cost of Rs 7,000 with the FAIR MARKET VALUE as of April 1, 2001 under Section 55(2)(b) of the Income Tax Act.

How to determine FMV as on April 1, 2001:

1. Get a REGISTERED VALUER REPORT. A government-empanelled valuer (Chartered Engineer or IBBI Registered Valuer for land and building) can certify the FMV of the property as on April 1, 2001 based on comparable market rates, location, and property specifications at that time.

2. Alternative: use the circle rate (guidance value) for your area as published by the stamp duty authority for FY 2001-02. This is admissible as evidence even without a formal valuation report.

3. The FMV is the COST OF ACQUISITION for LTCG calculation. Then index it using the COST INFLATION INDEX (CII) formula: (CII for year of sale / CII for FY 2001-02) x FMV.

For FY 2026-27, CII is 363. For FY 2001-02, CII was 100.
So indexed cost = FMV as on April 1, 2001 x (363/100) = FMV x 3.63.

On tax rate: If the property qualifies for LTCG (held over 24 months - yours is 29 years), tax applies at 12.5% on the gain (sale price minus indexed cost), post new rules.

Documentation to retain for scrutiny: registered valuer report, property allotment letter, Society records, SRA documents showing original allotment, and stamp duty authority circle rate printout for 2001-02.

This [LTCG tax guide for house property sale FY 2026-27](https://taxgarden.in/blog/capital-gains-tax-sale-of-house-property-india-fy-2026-27) has the full indexation table and Section 54 exemption details.

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