05 February 2016
right to purchase of a flat from omaxe was compromised as omaxe did not delivered the flat on time and given compensation. right came from the agreement made at the time of booking the flat to purchase
18 July 2024
In general, indexation benefit under the Income Tax Act in India is applicable to long-term capital gains arising from the transfer of a capital asset such as property, where the asset has been held for more than 3 years. Indexation allows adjustment of the purchase price of the asset for inflation, thereby reducing the taxable capital gains.
However, the situation you've described involves compensation received for the delay in delivery of a flat, which relates to a right to purchase under an agreement with Omaxe. This compensation is typically treated as income under the head "Income from Other Sources" in the Income Tax Act, rather than as capital gains from the transfer of a capital asset.
Here’s how it generally works:
1. **Nature of Compensation:** The compensation received for the delay in delivering the flat is considered as income arising from breach of contract or delay in performance of contractual obligations. It does not directly fall under capital gains unless the right to purchase itself is considered a capital asset (which is less common in these scenarios).
2. **Tax Treatment:** - **Compensation Income:** The compensation received would be taxed under the head "Income from Other Sources" as per the applicable income tax rates. - **Indexation Not Applicable:** Since this is not a capital gain arising from the transfer of a capital asset, indexation benefit does not apply.
3. **Capital Gains vs. Other Income:** Capital gains arise when there is a transfer of a capital asset, resulting in profit or gain. In your case, the compensation received is due to a delay in the performance of the agreement (delivery of the flat), not due to a transfer of the right to purchase as a capital asset.
Therefore, indexation cannot be claimed on the compensation paid for the right to purchase the flat, as it does not fall under the category of capital gains eligible for such treatment. It’s important to consult with a tax advisor or chartered accountant for precise guidance based on your specific circumstances and the terms of your agreement with Omaxe.
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