Long term capital gains

This query is : Resolved 

18 April 2017 1. For an apartment bought from a builder with payment in instalments, when does the apartment become a capital asset. I have been told it becomes one from the date of issue of the allotment letter by the builder, and the period for it to become a long term capital asset is calculated from this date.
Is this correct?

2. If so, how is the indexed cost calculated? The instalments are paid over a long period of time.
Please advise in detail
Thank you
R Chadha

ND (Expert)
18 April 2017 Normally when an apartment is booked with a builder, then it remains as advance only till the property is fully constructed. Once it has been completed and is fit for possession then it becomes a capital asset. Before that it remains as advance.
You can show the period of holding from the date of allotment but this is debatable and subject to litigation.

18 April 2017 Thank you for the prompt reply. Are you aware of any CBDT circulars / directives on the subject?
R Chadha


19 April 2017 Yes it's​correct to calculate from date of allotment. Does not matter for instalment payment index calculate from date of allotment.

19 April 2017 Thank you Mr Seetharaman



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