Query regarding Long Term Capital Gain on the sale of Residential Property

Hello,

I require clarification on the below matter:

A relative booked a flat in an apartment during May 2011, with a builder. Regular payments were made to the builder on construction linked basis as the apartment was under construction. After the construction was about 95% complete, the flat was sold to somebody by transfer through the builder in April 2016. By this transaction, there was profit to the seller as the sale amount was more than the amount paid to the builder.

Request you to clarify whether the profit in this sale can be treated as long term capital gain, as the under-construction flat was sold after 5 years from the date of booking/allotment. 

Please note that the flat was never registered but only booked/allotted by the builder, as it was under construction, and then sold by transfer after 5 years.

Thanks in anticipation!

Replies (2)
Quick Summary
This discussion clarifies whether a profit from selling an under-construction flat is considered a Long Term Capital Gain (LTCG). The flat was booked in May 2011 and sold via builder transfer in April 2016, more than five years after booking. Experts confirm that this qualifies as LTCG because the holding period is counted from the date of allotment, even if the property was never registered in the seller's name. This is supported by High Court rulings.

Yes this can be treated as long term capital gain as though the flat was not registered in your name but you had a title to claim for and a right which was waived in favour of another person. Hence, as per my opinion you will be eligible for long term capital gain tax.

Yes, This transaction fall under long term capital gain as the period of holding of building will be consideted from date of allotment of letter.
This is affirmed by
The Bombay High Court in the case of PCIT Vs. Vembu Vaidyanathan [ITA No. 1459 of 2016).

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