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Capital gain on sale of under construction property

Tax queries 460 views 5 replies

In case of sale of a property after possession, which was alloted by the Builder / Real Estate Developer in under construction stage, whether the holding period will include the period of construction after date of allotment  till date of possession and the period the asset was held after date of possession till date of sale for the purpose of calculation of Capital gain? OR whether the holding period will commence only from the date of possession (execution of conveyance deed by Builder)? What is legal position? Please guide me at the earliest. Thanx and regards

Replies (5)

it's from the date of possession

 

Agree with Roopali Kadam

From date of possession
Punjab and Haryana Highcourt has given contradictory but proper judgement where period of holding is counted from the date of allotment of underconstruction property till the date of sale.

Dear Mr. Doshi, will you please let me know the details of this judgement, date of judgement etc. Thanks for the kind cooperation.


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