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

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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)
Quick Summary
This discussion clarifies the capital gains tax implications for a property purchased and then subject to a Joint Development Agreement (JDA). The core question is how to calculate the holding period for tax purposes. Specifically, it asks whether the holding period should end on the JDA execution date (resulting in Short-Term Capital Gain) or extend to the completion certificate date (potentially leading to Long-Term Capital Gain), considering Section 45(5A) and Section 2(47) of the Income Tax Act.

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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