Short term capital gain on sale of house

From IT dept. the legal documents they would have is the deed and hence they will rely on it and accordingly will compute STCG but if you want to counter them then as per S.106 of the evidence act its your responsibility to prove it.

Can you substantiate that payment has been made for the property? Do you have any evidence of it like any agreement though not registered substantiating youe cause?

Defacto no transfer takes place without registered deed and there is a SC judgement also Alapati Venkataramiah 1965 to this effect , so unless you prove contrary, this judgement would apply

 And consequentialy STCG

Matter can only be settled in court due to fact finding procedure, so also consider that will the indexation benefit be more than cost you will be going to incur?

Thanks expert for your reply....

But it is too tough for me to understand it as I am not from this backgound. I just wanted to know if have to pay tax on STCG for above case.

Just note that I have done part payment resgistration when I have received Sale price in Apr 2013 and done final deed in Nov 2013.

Sir am saying that IT dept will take view that it is STCG because of date of deed but if you have any other evidence by which you can prove that purchase was done prior to the deed date only then its LTCG

It will be difficult to prove LTCG so unless the tax amount is huge you should not challenge department and accept it as STCG on basis of available documents

Thank a lot for your detailed clarification...