Master in Accounts & high court Advocate
9615 Points
Posted on 05 December 2024
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