Sale of redeveloped Flat

*Query regarding Capiatal Gain on sale of redeveloped flat - S. 54 & 45(5A)*

*01.04.1997* Mr A bought a flat A-101 for 3L

*01.04.2001* SDV was 3.5L

*01.04.2015* he handed over possession A-101 for redevelopment 

*01.01.2021* received Completion certificate
SDV was 73L

*01.05.2021* he received possession of new flat no. B-303

*01.07.2021* he sold this new redeveloped flat B-303 at 75L

What will be the capital gain

*a)* in *21-22* : 
dt of trf will be 1.7.21
75L - 3.5L after index 
with s.54 benefit 
ie sold flat B-303 n will buy flat C-501
_____________________
*b)* in *20-21* : as per 45(5A)
dt of trf will be 1.4.15
but dt taxability 1.1.21

LTCG : 73L - 3.5L after index
with S.54 benefit
evenif construction took more than 3yrs
ie sold flat A-101 n bought flat B-303 (by way of redevelopment)

in *21-22*
STCG : 75L- 73L
n S. 54 benefit withdrawn bcoz new property B-303 sold within 3yrs
___________________
*c)* in *20-21* :
dt of trf will be 1.4.15
but dt taxability 1.1.21

LTCG : 73L - 3.5L after index
without S.54 benefit
more than 3yrs lapsed

in *21-22*
STCG : 75L- 73L
__________________
*d)* in *20-21* : 
dt of trf will be 1.1.21
but dt taxability 1.1.21

LTCG : 73L - 3.5L after index
with S.54 benefit

in *21-22*
STCG : 75L- 73L

Replies (3)
Quick Summary
This discussion explores the capital gains tax implications for the sale of a redeveloped flat. It considers different scenarios based on the date of transfer and taxability, particularly concerning Section 54 benefits for purchasing a new property and Section 45(5A) for taxation upon possession of the redeveloped flat. The query delves into whether capital gains are treated as long-term or short-term and how exemptions are applied, especially when delays in construction are beyond the owner's control.

As per option C....

But the exemption u/s. 54 of IT act can be claimed as the assessee has complied his liability, while the delay was from beyond his control.

thanks for ur valuable opinion

My Pleasure...              

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