LTCG period of holding

As per allotment letter flat was alloted to assesee in 2010 on payment of 5lkh booking amount, total purchase consideration was 45 lkh which was registered in June 2018.

The remaining payment of 40 lkh was paid by the assessee in may2018, source of which is sale consideration of the same flat to third party. The assessee registered sale deed in aug 2018. The asseesee treat it LTCG and claim exemption under 54 for a.y. 2019-20

The case of a.y. 21-22 is under scrutiny, during which the assessee purchased another property of rs 2cr.

The asseesee is replied that source purchase is from sale consideration of earlier flat.

 

Whether assesee is eligible for ltcg in 2019-20.  Actually no investment was made by the assessee

And source of funds for a.y. 2021-22.

Replies (3)
Quick Summary
This discussion concerns the eligibility for Long Term Capital Gains (LTCG) tax treatment for a property. The flat was allotted in 2010 with a booking amount, but the full purchase consideration was paid and the sale deed registered in 2018. The assessee claims LTCG and exemption under section 54 for AY 2019-20, using funds from selling the same flat to a third party. Scrutiny for AY 2021-22 arises due to the purchase of another property, with the source of funds being the sale consideration of the earlier flat. The core question is whether the assessee qualifies for LTCG in 2019-20, given the timing of payments and registration.

Advance payment and registered in june 2018

Long term capital gain and short term capital gain 

Only paid booking amount of 5lkh  in 2010  remaining  45 lakh was paid in 2018  which was received from  new buyer to the said property and after receipt of sale consideration the assessee paid to builder and execute  conveyance deed in his favour and within 3 month   sold to new buyer.

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