Land development agreement and capital gain

Tax queries 231 views 1 replies

Dear Members,

Let me present the situation Mr. X owns a land on which he has constructed a building in which he conducted his business. Mr. X has entered into a Land Development agreement with some construction company to construct apartments in the place by demolishing the old building. In return he gets half of the flats to be constructed and some Amount also. for Ex. Rs.500000

Mr. X Expenses Rs. 225000 for documentation & other expenses related to new building.

Mr. X don't know value of this land because this property is inheritance.

Now the question is whether the amount received is taxable or not,
if amount is taxable how to calculated capital gains

 

 

Replies (1)

Based on valuation report of Govrt. approved valuer as on 01.04.2001 for the building..... taken as its purchase cost, and the circle rate of the received constructed area as on date of final hand over; the LT capital gains can be arrived. Any cash receipts after reduction of any expenditure/s related to the transaction is added to capital gains.

The gains will be taxable in the year of final possession of constructed area (as per Finance act, 2017)


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