Date of transaction in case of compulsory acquisition by nhai

Whether the date of transfer be taken from the gazette publication or from the date of possession or demolish of property. In a case gazette was published in 2012 and the capital asset was used by assessee till the demolish in 2016 he earn rental income on that assets. So what will be the date of transfer for determining period of holding for capital gain under.
Replies (2)
Quick Summary
This discussion clarifies the date of transfer for capital gains tax in cases of compulsory acquisition by NHAI. It explores whether the gazette publication date or the date of possession/demolition should be used to determine the holding period. The consensus leans towards the date the assessee loses control of the property, often the demolition date, especially if rental income was earned until then. This distinction is crucial for calculating short-term vs. long-term capital gains and avoiding potential penalties.

The date of transfer for determining the period of holding for capital gain purposes can be a bit complex. Here's a breakdown: Date of Transfer The date of transfer is typically considered the date when the ownership of the asset is transferred. In your case:

1. _Gazette publication (2012)_: This is the date when the government notification was published, indicating the intention to acquire the property.

 2. _Date of possession or demolish (2016)_: This is the date when the assessee lost physical control over the property.

Determining the Date of Transfer For capital gain purposes, the date of transfer is usually considered the date when the assessee loses control over the asset or when the ownership is transferred. 

In your case, since the assessee continued to earn rental income from the property until 2016, it's likely that the date of transfer would be considered as 2016, when the property was demolished. 

However, this is subject to interpretation and may depend on specific facts and circumstances. 

. Period of Holding Once the date of transfer is determined, you can calculate the period of holding, which will help determine whether the capital gain is long-term 

From date of gazette publication it's stcg otherwise LTCG ,, but if I claim LTCG and dept disallowed my claim i will also be liable for penalty for misreport

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
08 August 2026
International Corporate Tax Advisory

Shulke

Bengaluru

CA

View Details
Company
ARTICLESHIP 10 August 2026
Article Assistant

Suraj Garg and Associates

New Delhi

CA Inter

View Details
Company
13 August 2026
Chartered Accountant (FP&A)

Client of Trellis Consulting

Gurgaon

CA

View Details
Company
ARTICLESHIP 17 August 2026
CA Article Trainee

ASC Group

Noida

CA Inter

View Details
Company
Featured 19 August 2026
Chartered Accountant

apricus india

Pune

CA

View Details
Company
ARTICLESHIP 08 August 2026
CA Articleship

RSAG & CO LLP

New Delhi

CA Inter

View Details
Company
27 August 2026
ACCOUNTANT

CHARUPREETI & CO

Noida

Graduate (Any)

View Details
Company
25 August 2026
Senior Accountant

MG Associates

New Delhi

CA Inter

View Details