Sec 56(2), 43c

Hi everyone,

A friend of mine booked a flat in Cossipore Kolkata – 2, under Kolkata Corporation, agreement date in June 2010 @ Rs.2500/sq.ft.

Initial amount was paid by cheque before the agreement sometime in May around Rs.100,000 token amt. Thereafter, instalments paid by cheque in 2011, 2012.

The builder now calls for the balance payment as the flat is completed and asks the flat to be registered @ 3900/sq ft. as the corporation have increased the circle rate saying Sec 43 C is applicable. He also says that the diff between agreement rate i.e. Rs.2500 & present Kolkata corporation rate will be taxable and treated as a deemed income even though the property is not being sold & have not received any actual income.

the builder also suggests that I.T allows one exemption for accepting rate of the flat as per agreement if any payment has been made other than cash before the agreement is signed, then we need not pay tax as per sec 56[2]

kindly advise on tax liabilty & also will it make any difference if the registration is delayed from March 2014 to March 2015

Thanks

Replies (1)

No tax liability on your hand now.

Since the property is booked by advance through cheque, there will be no deemed capital gains provided a contract mentioning the earlier price of the property is with you as an evidence.

 

for more queries : https://knowyourtaxation.blogspot.in/

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