LONG TERM CAPITAL GAIN ON SALE OF FLAT

HOW TO COMPUTE CAPITAL GAIN ????????

A PROPERY IS SOLD ON 03-02-2010 FOR A CONSIDERATION OF RS.50,00,000/- HELD JOINTLY BY HUSBAND & WIFE NAME WHICH IS PURCHASED IN NEW CONTRUCTION.

A FLAT WAS BOOKED IN THE FY 1992-93 & ADVANCE MONEY RS.1,00,000/- IS GIVEN AT THAT TIME. HOWEVER DUE TO SOME JUDICIAL DESCREPENCIES BUILDING REMAINED UNCONSTRUCTED FOR FEW YEARS.

THEN FLATS WERE ALLOTTED IN MAY 2007 AT THAT TIME BALANCE CONSIDERATION OF RS.12,20,000/- PAID.

IN SUCH A CASE, GAIN AARISING ON SUCH SALE HOW WILL BE TAXED AS LTCG OR STCG ????????

PLEASE HELP ME AS I HAVE TO FILE MY INCOME TAX RETURN.

THANKING YOU IN ANTICIPATION.

Replies (1)
Originally posted by : bharat doshi

as per my view its short term capital gain, as per section 53A of Transfer of Property Act,an transfer completes when

1.consideration has paid or promised to be paid,and

2.the acquisition of the property has given

AS in ur case acquisition is given to u in may 2007 , hence its STCG 


 
 

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