IT Rule position


After the demise of my parents, I and my brother sold off the parental house and the proceeds were shared equally between us. To get benefit on capital gains tax, I booked a flat of a builder on EMI basis, with my spouse being the second applicant. I am a housewife with no income (and no IT return) and my spouse has taken the bank loan for meeting the EMIs. The details of my receipt and further investment are as follows:

(a)  Received the proceeds of Rs 15 lac in Jul 2006.

(b)  Booked the flat in Jan 2007 by paying Rs 9 lac

(c)  Paid the EMI as:

(i)            Rs 1.43 lac on Dec 2007.

(ii)          Rs 1.43 lac on Mar 2008.

(iii)         Rs 1.43 lac on Jun 2008.

(iv)         Subsequent EMIs paid/will be paid through bank loan by my spouse.

The agreement between the builder and self was signed in Jan 2007 with a clause that the possession would be given 36 months. The construction of flats is still going on and it appears that it would be handed over by Dec 2011. I believe that to get the benefit on capital gains tax, the possession should be taken over within certain period. Please let me know the rule position and if the delay is being done by the builder without my fault.

After the demise of my parents, I and my brother sold off the parental house and the proceeds were shared equally between us. To get benefit on capital gains tax, I booked a flat of a builder on EMI basis, with my spouse being the second applicant. I am a housewife with no income (and no IT return) and my spouse has taken the bank loan for meeting the EMIs. The details of my receipt and further investment are as follows:

(a)  Received the proceeds of Rs 15 lac in Jul 2006.

(b)  Booked the flat in Jan 2007 by paying Rs 9 lac

(c)  Paid the EMI as:

(i)            Rs 1.43 lac on Dec 2007.

(ii)          Rs 1.43 lac on Mar 2008.

(iii)         Rs 1.43 lac on Jun 2008.

(iv)         Subsequent EMIs paid/will be paid through bank loan by my spouse.

The agreement between the builder and self was signed in Jan 2007 with a clause that the possession would be given 36 months. The construction of flats is still going on and it appears that it would be handed over by Dec 2011. I believe that to get the benefit on capital gains tax, the possession should be taken over within certain period. Please let me know the rule position and if the delay is being done by the builder without my fault.

Replies (2)

Nice Case,  i will discuss it with my Seniors and will get back to you

 

I have some doubt. because as per the IT Rule the construction must be completed within a period of 3 years. but in your case you have no fault and it was the faulty part of your builder.

 

I will try to get back to you as soon as possible.

I am a housewife with no income (and no IT return)

 

How come you have been able to sell off the joint property of 30Lacs without IT department clearence? 

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