Long term capital gain

Dear All,

I had purchased a property in 1981 for Rs. 1,91,000/- incl all cost of aquisition. Spent Rs. 4,50,000/- for dismantling and reconstruction in 1985. used the property for commercial and residential use (personally) till 2002. Did modifications for Rs. 4,75,000/- and gave it on rent and getting Rs. 1,50,000/- rent per month.

now, i want to sell this property for a consideration of Rs. 1 cr. 

the capital gain tax of 20% on the sale price less cost of aquisition and improvement (considering the indexation) is the only option. can i opt for flat 10% without indexation on real estate also.

now, regarding reinvesting the capital gain in purchasing a RESIDENTIAL PROPERTY ONLY. i had just purchased a residential property in 2012 and want to purchase a commercial property for my business. will this be allowed.

Sandep

Replies (2)

NO , YOU CANT OPT FOR 10% WITHOUT INDEXATION BENEFIT. THIS IS APPLICABLE ONLY FOR SHARES AND SECURITIES.

NO U HAVE TO INVEST THE AMOUNT FOR PURCHASE OF RESIDENTIAL PROPERTY ONLY.

HOWEVER IF YOU HAVE PURCHASED THE PROPERT WITHIN 1YEAR BEFORE THE DATE OF TRANSFER OF ASSET U CAN AVAIL EXEMPTION AGAINST YOUR PROPERTY SO PURCHASED.

U CAN CLAIM EXEMPTION UNDER 54EC BY INVESTING IN NHAI/REC BONDS WITHIN 6 MONTHS OF TRANSACTION.

HOWEVER MAXIMUM LIMIT FOR INVESTING IS RS 50 LAKHS IN EACH FINANCIAL YEAR.

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