Land given for development - business income or capital gains ?

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one of my client had plot of land which was given to a develeoper (builder) for construction of flats and shops. In consideration 40% of flats and shops were given to my client. He is selling flats/shops one by one. My question : whether income on sale of flat would be taxable as business income or capital gains ??
Replies (2)

if flats in balance sheet show as investment then capital gain aries and if it is

show as stock in trade then ncome on sale of flat would be taxable as business income

It seems that ur client not engaged in business of real estate ( i.e acquiring land and developing either on himself or by entering into contract with third party )

In such a case ur client giving the posession of land to builder to construct and he receives flats as consideration. 

On giving posession it is transfer of  capital asset . So accordingly calculate capital gains.

First understand the nature of transaction of that client .whether he has been into that business or just its a capital asset.

 


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