Capital gains in JDA for landlord selling before OC

Rahul Raj (Engineer) (21 Points)

11 April 2024  

Looking for some clarity around capital gain taxation on sale of property in case of JDA and landlord selling the share before OC.

Please consider the below series of events 

1st July 2019 - 800 syrds land procured on for a value of Rs.10Lakhs

2nd July 2019 - 800 syrds land given to a devloper on JDA and in return taking a 200 syrd villa (land cost 10L + Building cost 15L)

20th Oct 2022 - Developer does a supplement agreement with the actual villa number and no sale consideration involved.

11th April 2024 - Sell the 220 syrds villa received as share to third party for a sale consideration of 90Lakhs.

OC is yet to be received and might come only in 2025 which is literally 6 yrs from the date of JDA.

Can you please clarify if this falls under long term or short term considering the section  45(5A) which only talks about the deferment of capital gain tax till OC but doesn't specify LTCG or StCG if we sell anything before OC but after 2+ yrs from the date of land purchase or JDA.