Hello

Property purchased in 1990
Went under redevelopment in Jan 2022
Assuming we will receive the OC in 2024

Case no. 1- In the year 2021-22 – No capital gain tax
Case no. 2 - In the year 2024-25 – again no capital gain tax as redeveloped property is received within 3 years.
Case no. 3 - So now only capital gain will be taxable in the year in which the redeveloped property is sold.
In case no. 3- Cost of Acquisition will be indexed cost of purchase taking base year as 2001 till 2022.

Am I right?

1. A person owns a two bedroom flat in a co.op society.
2. The conveyance deed has been executed. Hence the land ownership is with the Society.
3. A builder approached the Society and offered 30 % additional area to each existing flat owner, if the Society enters into a Development agreement.
4. In addition, the builder offered Solar panel system, battery back up for the lift, rent for alternative accommodation, and shifting charges.
4. There was no offer for any other monetary compensation, except where a flat owner opts for not availing 30 % area offered by the builder.
5. In such cases, will the provisions of Sec.45(5 A) apply attracting capital gains for any flat owner,either opting for additional 30 % or accepting compensation for NOT availing 30 %.
Your views are solicitated, preferably with decisions of Court.

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