Capital gains - house property

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Hi,

I entered into an agreement with a builder to purchase a residential apartment in Greater Noida in 2006.  I paid an initial amount of 10% of the total costs and remaining 90% was paid to builder by the bank through Home Loan.  This property remained under construction till middle of 2011.  I continued to pay the EMIs for the home loan during this period.

I was issued a allotment letter by the builder in June 2011 but I sold this flat to another person before the registration of it in my name.  I also settled the loan amount with the bank before this sale.  I paid some additional amount to the builder to transfer the flat into new buyers name.

Now my question is:

  • What is my cost of acquisition (COA)?  The initial amount (own share + bank loan + transfer fee to builder) or the amount paid by me over the period of time including interest on loan (own share + EMIs + loan settlement to bank + transfer fee to builder).
  • I also received an interest of 6% p.a for 2 years period on the initial full purchase price from the builder at the same time when I transferred the property to new buyer in 2011.  This was part of the flat buyers agreement.  Is this receipt to be deducted from COA?
  • I now realize that due to unclarity on the subject, I declared to my employer the interest payment on home loan (under construction) as deductible from my salary for 3 consecutive financial years (FY 2008-09, 2009-10, 2010-11).   I understand this benefit is not applicable to under construction house property. Do I have to re-work my tax liability for the prior FYs and revise my IT returns?  I have already been assessed for my tax returns for these years.

Shall appreciate for learned fellows to answer these in precise manner.

 

Thanks

 

Naveen

 

 

Replies (3)

Please note that the COA would be the amount as stated in the agreement between you & the builder.  Other that the COA would not include any other amount.

yes you will also be required to revise your I-T returns & file the same again provided that your IT returns were filed on before the due date mentioned u/s 139(1) of the IT Act.  You are not allowed to claim the benefit of the preinterest EMI as you have transferred the same to another person.

Thanks Mr Karandikar.  Another point I missed to clarify was the status of this asset.  Will this be considered a long term capital asset and indexation applied?

 

Rgds

Hello Mr Naveen,

As the capital asset was sold by you within 36 months it will considered as a Short term capital asset & no indexation benefit will be given to you.

You will have to pay STCG @ 15%.

Hope the above would clear ur doubt.

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