PLS HELP ME ON CAPITAL GAINS

Tax planning 1719 views 10 replies

House Property purchased from lanlord in the year 1986 (Old Pagdi System) In the year 1998 on account of redevelopment assessee became owner from tenant.

          Now in November 2009 assessee sold the said property for 15 lacs what about capital gains tax.

         Cost of the property is nil as it was purchased from landlord in the year 1986 by just transfering rent receipt in assessee's name.

 

1) Can assessee get benefit by investing in other residential house property or by investing in capital gain tax bonds?

 

2) Can assessee get benefit of indexation what about the cost of the property?

 

 

Replies (10)

Yeah assessee can get exemption by investing the amount received from sale of property into house property or investing in Bonds if investment done within the limit specified...

As far as cost of property is concerned, it is NIL and hence how can indexation be done....

Hi, exemption u/s 54 (for purchasing HP) or u/s 54 EC (for the bonds) are available with assessee....

 

While, the cost here will be considered as COST TO THE OWNER, i.e cost to the landlord (sec 47 or 49 - didnt remember) and for indexation year base year will be 1986 or 1998 (year in which present owner acquired property - not that sure about of the years), but it should be 1998.....

I read it now, then the rent reciept's total can be considered as cost, as its the "COST OF ACQUISTION", that means, the cost to acquire the property....

Hi Dhiraj.......where did u read the Cost of Property provision (total of Rent Receipts is equal to Cost of Property) ??

Answer to 2nd part of question:
The Cost of Acquisition shall be taken to be NIL. What he paid was in the nature of rental and can't be taken to be Cost of Acquisition. The reason is the payments made was not for acquiring ownership rights on the property but was paid as a part of agreement.
However, if anything is paid at the time of Pagdi, then it can be considered as Cost of Acquisition.
 
Answer to 1st part:
Whether the Cost of Acquisition is NIL or otherwise, the investment out of Capital Gain can be claimed as deduction u/s 54 provided the respective conditions are satisfied.

in my opinion cost of acquisition in that case is nill. so capital gain here is rs.1500000.

yes assessee can get exemption u/s 54 & 54EC.

their is no cost of acquisition so indexation is not applicable.

i agree with reetika point supra that COA to be taken to be nil since what is paid was paid as a rent .

Further assessee became the owner of the property only in 1998 . However if any amount is paid in the redevelopment process then that can be taken  to be the cost of acquisition and INDEXATION WILL BE ALLOWED.

As far as deduction u/s 54 and 54EC is concerned assesse will be entitled for the same.

 

In my view the tenant has paid amount on Pagdi System which is treated as  COA of property.

Indexation will be allowed from year 98 onwards due to ownership rights is transferred in 1998.

Capital Gain which arises will be allowed to take benefit u/s 54F and 54EC

 rent receipts total will be deemed cost of acquisition'''''

I agree with Reetika .

The cost should be considered as Nil and then claim deduction u/s 54 if the conditions are satisfied.


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