Income tax - capital gains tax - query on property

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Hi all,

I have a query which needs urgent solution.

In the financial year 2006-2007, a partnership firm purchased a property for Rs. 10 lakhs. Subsequently, a private limited company was formed which took-over the assets and liabiities of the partnership firm in the financial year 2013-2014.

Presently, the company wants to sell off the said property at Rs. 40 Lakhs where the market value of the said property is Rs. 28 lakhs.

The query is what should be the year of acquisition / CPI for calculating the capital gains tax.

Thanking you all in advance.

Replies (3)

The cost of Asset will be the original Cost to the partnership firm.

Taking the benefits of Manjula J shah case law , the year of Acquisition will also be considered as the Year of Acquisition of Previous Owner. Ie, the partnership firm in your case.

Jan 2015 Sale of Flat Rs. 3.25 crore

L.T. Gain                   Rs. 1.36 crore

Return filed on 30.09.2015.

Purchase Land for Construction of House paid Rs. 4 crore in April 2015. Construction started, there is a delay in getting N.A permission.

Purchased HOuse in July 2016 for Rs. 6 crores.

A.O. says purchase of Agricultural Land deduction would not be allowed.

and for purchase of Flat Capital Gain Amount not deposited in Capital Gain Deposit Scheme. Both deductions would be disallowed.

Kindly suggest.

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