15 April 2009
I have purchased property worth Rs.900000 in Six Equal Installments of Rs.150000 paid by Cheque. The First installment was paid on 1-4-1993 and Last installment paid on 31-3-2000. After the Full Payment the Cost of Improvement was incurred on 1-10-2000 with the amounts of Rs.200000 Paid by Cheque. The Possession was received on 1-4-2001 from the Builder along with the contract note on his Letter Pad with his signature on it. The Purchase Agreement was made on 1-4-2006 from the builder. The property was sold on 31-10-2008 for an amount of Rs.250000.
My Query is :
(1) The Capital Gain on this property is Short Term or Long Term? (2) If the Capital Gain is Long Term then what date should be taken for calculation of the Indexation of the Cost of Acquisition of property i.e. 01-04-1993 or 31-03-2000 or 01-04-2001? (3) If 01-04-1993 taken then what is the amount taken for Cost of Indexation and what about the Remaining Installment of Rs.750000. Should it be taken as Cost of Improvement? (4) If 01-04-2001 taken then amount taken for Cost of Indexation is Rs.900000 or Rs.1100000?
15 April 2009
Date of purchase will be taken as 1-4-2001 becuase actual possession was taken on 1-4-2001 on amount of Rs.900000/- and Rs.200000 will be taken as cost of improvement.
16 April 2009
IF 1-4-2001 should be talken then Cost is Rs.1100000 because Rs.900000 should be on 31-03-2000 i.e. F.Y. 1999-2000 and cost of Iprovement of Rs.200000 on 1-10-2000 i.e. F.Y. 2000-2001. I Agree with your Answer of Long Term Capital Gain but if AO taken Agreement Date then it is Short Term then what should I do?
CAclubindia
