Tax Consultation (US and India)
2970 Points
Posted on 19 June 2013
Making referrence of DDA because what DLF does is akin to this
Board Circular No. 471
"Under the Self-financing Scheme of the Delhi Development Authority, the allotment letter is issued on payment of the first instalment of the cost of construction. The allotment is final unless it is cancelled or the allottee withdraws from the scheme. The allotment is cancelled only under exceptional circumstances. The allottee gets title to the property on the issuance of the allotment letter and the payment of instalments is only a follow-up action and taking the delivery of possession is only a formality. If there is a failure on the part of the D.D.A. to deliver the possession of the flat after completing the construction, the remedy for the allottee is to file a suit for recovery of possession. "
https://www.incometaxindiapr.gov.in/incometaxindiacr/contents/CBDTFiles/Circulars/CBDTLaws/HTMLFiles/sec54_672_93.htm
So date of purchase shall be 15/04/09
Indexation is allowed from the date of acquiring the asset and not on the payment basis, Therefore indexation shall be available from 15/04/09 irrespective of the fact that payments were mande at any later period. Therefore this property attracts LTCG