Capital gain

Dear all, I want to ask, if a plot bought in 2000 for 2.5 lakhs after taking a loan of rs. 5lakhs and construction completed on it in the yr 2005 for rs 5 lakhs. an education loan of 10 lakhs was taken by the owner for his son in the yr 2012.. now in 2014 the owner wants to sell it at rs. 85 lakhs, to buy a plot and build a house on it but the home loan is still standing at 2 lakhs, whole amt of education loan.. what will be the capital gain and what needs to be done to evade capitalgain
Replies (1)
So you bought a land & thereafter constructed building thereon. The holding period of both the assets are different & both land & building are identifiable. therefore cap gain shall be computed separately for land & building This view is also supported by judgement of C.R SUBRAMANIAN , D.L. RAMACHANDRA RAO madras hc & there are atleast 4 other hc judgement ,suggesting the same treatment Now you know that what shall be your indexed cost ,you need to find consideration It purports that there is a single lumpsum amount as consideration but you need to bifurcate it so as to compute cap gain individually S 50D Stipulates that if full value consideration is not ascertainable then FAIR MARKET VALUE SHOULD BE TAKEN as full value consideration THEREFORE YOU NEED TO COMPUTE FAIR MARKET VALUE OF BOTH If you are not able to do so then use S 50C VALUE FOR LAND & remaining consideration shall be towards building EXEMPTION CAN BE AVAILED u/s 54 IF YOU DO NOT OWN MORE THAN 2 RESIDENTIAL HOUSE PROPERTY (INCLUDING THE NEW ONE) For time limit (2 years , 1year or 3year ) & other details see the sec as many issues arise from there also

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 29 August 2026
Article Assistant

RRPM & ASSOCIATES LLP

Chennai

CA Inter

View Details
Company
17 August 2026
Chartered Accountant with US GAAP Experience

Austin Med Solutions Pvt Ltd

Bengaluru

CA

View Details
Company
Featured 11 September 2026
Audit Executive

RBSM Corporate Advisors Private Limited

Pune

CA

View Details
Company
ARTICLESHIP 17 August 2026
Article Assistant

Jain Ankit and Co

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 04 September 2026
Accounts Executive

Hema Yashwanth & Associates

Chennai

B.Com

View Details
Company
24 August 2026
Semi-Qualified CA/CA Finalist - Tax, GST, Audit & Accounts

Bharat Shah & Associates

Mumbai

CA Inter

View Details
Company
19 August 2026
Chartered Accountant - Financial Consolidation & Reporting

Synergy Keystone

Mumbai

CA

View Details
Company
Featured 19 August 2026
Chartered Accountant

apricus india

Pune

CA

View Details