Query regarding capital gain calculation

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Dear All,

There is a transaction of sale of old property. The transaction is characterised as follows:

The flat in Mumbai was taken on rent by a tenant before 1981 say for deposit of Rs. 1000/-

In the F.Y. 2014-15 the said flat is sold by the tenant with prior permission of the owner and after completing all legal requirements in this regard for Rs. 80 Lacs.

Out of this 80 Lacs tenant has accepted to pay Re. 25 Lacs to owner.

Query is: While calculating capital gain of the Tenant how much will be the sale consideration? 

    -  Will it be Rs. 55 Lacs (80-25) or Rs 80 Lacs?

2nd query is:  if consideration is taken to be Rs. 80 Lacs then whether 25 Lacs paid to owner shall be allowed as cost of acquisition of the said property?

Please advice me on above as soon as possible....

 

Thank you....

 

Replies (2)

1.It will be Rs.55 Lacs.

2.Rs.25 lacs cannot be cost of Acquisition.

You need to take help of CA,as triplicate agreement needs to be made between parties.

Thanks

 

 

The tenant, who is not even an owner, cannot sell the property. However, they both may enter into agreement with the buyer of the flat, so that Rs. 25 lacs will go directly to the owner from the buyer, and the balance Rs. 55 lacs can be given to the tenant.

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