Capital gains query - returns spread over 2 financial years

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Hello Tax gurus,

I have a query about how to file capital gains.

I had purchased a piece of property for 50,000 from a small time Real Estate company. An agreement was made between me and the investment company. According to the agreement, there was a clause through which I could return the property at the end of 24 months, at 100% profit.

At the end of 24 months, the Real Estate company could not get a NA certifcate, and they agreed to return 100% profit, along with principle amount. Thus, the total repayment was 1 lakh.

Now, the total repayment of 1 lakh is given to me as post-dated cheques, spread over 4 months (25,000 per month). The cheques are for Feb-2012, Mar-2012, Apr-2012 and May-2012.

  Since, the cheques are spread across 2 financial years, my query is, what should I file in the IT Returns for FY'11-12, and what should I file for FY'12-13? That is, when should I pay the capital gains tax? This FY or next FY?

Thanks in advance for your help,

Raj

Replies (1)

As per sec 54(1)

Any profits/gains arising from the transfer of a capital asset effected in the previous year shall be DEEMED TO BE THE INCOME OF THE PREVIOUS YEAR IN WHICH THE TRANSFER TOOK PLACE and charged u/h capital gains

 

Therefore it should be shown in the period in which the transfer was affected 

 


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