Nature of capital gain (long term or short term)

Tax queries 1217 views 11 replies

I want to know whether my treatment to following transaction is correct or not.

Facts:- An Assessee is allotted a plot by HUDA in faridabad by draw of lot in 2006, in regard of which he pays certain sum in 4-5 annual installment till 2012(amount :approx 4 lacs). Now in 2013 he decides to sell this plot in 2013, for which he registers this property in his name from HUDA in 2013 & subsequently sell this plot for 23 lakhs. Assessee is already having another house in which he resides.

Confirmations Required on following:-

1) The plot becomes Capital Asset of Assessee in which f/y,

a)2006-07 (in which he is allotted the plot)

or

b)2013-14 (in which he gets plot registered in his name from Huda).

Thank you for your Replies in Advance.

 

Replies (11)
In the above case date of acquisition is the date of allotment of plot by HUDA ie 2006-07. Possession of the plot is taken in 2006-07 and the same amounts to transfer u/s 2(47) (part performance of a contract u/s 53A of Transfer of property Act 1882). Payment of consideration or registration of property is immaterial
I agree with Prashant

Substance over Form.

Date of registration is immaterial in this case.

2006-07 as quoted by Above Gentlemans...

I also think that the FY shd be 2006-07

Is their any circular/ case law on this ?

2006-07 as above all members mentioned n assets considered from date of allotment

Right to possession of property, even when the property is under construction, is a capital asset. So, yes, it is 2006-07.

Originally posted by : Mihir

Right to possession of property, even when the property is under construction, is a capital asset. So, yes, it is 2006-07.

Commodity profit what is short term or long term or business loss /profit

In this Case Assessee was holding a plot & he does own a residential house apart from the plot, Now whether this plot will come under definition of "Residential House" for purpose of Claiming Exemption section 54. 

 

Exemption is available u/s 54F-Transfer of long term capital other than house property


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register