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Capital Gains on Property Sale interpretation

Tax queries 322 views 3 replies

Sirs, i had bought a property from a reputed building in Bangalore in 2013 - on construction based payment terms. Between 2013 and 2017 - i paid 90% of the value based on construction progress. Then the project had stopped. Last year, with help from the Government's SWAMIH fund, this project got revived and in March 2023, i paid the balance 10% and got the project registered in May 2023. 

If i have to sell the flat now, whether it will attract short term capital gain or long term capital gain? I saw one Mumbai HC ruling  in a similar case which said the allotment letter given by the builder (in 2013) can be taken as the date of purchase and hence it should be considered under LTCG. 

Can i get some advice whether i can claim LTCG based on one ruling? Else, i would like to delay my sale to complete the minimum period required for LTCG.

Replies (3)
Short term capital gain.
unless the entire amount is paid title to the property is not transferred.

But why will this ruling not apply in my case?

Good news taxpayers! Date of allotment of house will be treated as date of acquisition, rules ITAT-https://www.financialexpress.com/money/good-news-taxpayers-date-of-allotment-of-house-will-be-treated-as-date-of-acquisition-rules-itat/1543054/lite/

House cannot be alloted unless it's a home loan scheme.


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