Capital gain
This query is : Resolved
29 March 2013
kindly advice me regarding income tax implication of income generated from surrender of rights of underconstruction flat. Can it be treated as Capital Gain ? Can I claim exemption U/s.54 by investing in another underconstruction flat, agreement for which still not made till date and payment for the same started, one year before the sale of abovementioned first flat.
Thanking you
Thanking you
01 April 2013
Dear hemangi you are looking for the benefit u/s 54 but it is not the case here..
when you are surrendering your right in a under construction property, it is a case of relinquishment of right, which is covered under the definition of transfer as per sec. 2(47). right in under construction property is not a residention house property infact it is a right which is covered under the definition of caital asset u/s 2(14) that property of any kind.
therefore here capital gain provisions will attract but you can exempt you capital gain by investing funds in another residential house property u/s 54F not u/s 54. therefore you have to invest whole sale consideration received on transfer of right in the property.
also refer the judgement in the case of K.R. Srinath.
when you are surrendering your right in a under construction property, it is a case of relinquishment of right, which is covered under the definition of transfer as per sec. 2(47). right in under construction property is not a residention house property infact it is a right which is covered under the definition of caital asset u/s 2(14) that property of any kind.
therefore here capital gain provisions will attract but you can exempt you capital gain by investing funds in another residential house property u/s 54F not u/s 54. therefore you have to invest whole sale consideration received on transfer of right in the property.
also refer the judgement in the case of K.R. Srinath.
01 April 2013
and if it is short term gain then you cannot go for sec. 54F
01 April 2013
thank you for your valuable reply.
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