Period of holding as per JDA-Sec.45(5A) and Sec.2(47)

Tax queries 868 views 2 replies

Dear Sir, I am an individual who purchased a Vacant site on 25-02-2025 and subsequently entered into a Joint Development Agreement (JDA) on 28-02-2025. The completion certificate for the developed property was received after 24 months from the date of entering into the JDA.

As per Section 45(5A) of the Income Tax Act, 1961, I understand that the capital gains tax liability arises in the previous year in which the completion certificate is issued.

However, my query pertains to the period of holding:

As per Section 2(47), should the period of holding be calculated up to the date of entering into the JDA (i.e., 3 days), thereby classifying the capital gain as Short-Term Capital Gain (STCG)?
Or, since the completion certificate was received after 24 months, should the holding period be extended accordingly, thereby classifying the gain as Long-Term Capital Gain (LTCG)?
Could you please clarify the correct classification based on relevant provisions of the Income Tax Act?

Replies (2)

have you got your dates right? 

Yes the dates are right, want to know the taxation impact w.r.t Period of holding


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