Shubham Mishra (Dy. Manager) (51 Points)
12 July 2012Hi,
I have invested in underconstruction residential project in 2009, In Apr 2011, I sold the same & with the proceed purchased another underconstruction residential project.
Please let me know, whether this will be come under capital gain tax , would it be short term or long term & how do i take the deduction for proceed further invested.
Kindly clarify the same.
Thanks
Shubham
Dhawal Mohnot
(Practicing)
(449 Points)
Replied 12 July 2012
is the sale deed registered for the property purchased on April 2009 or has the possession been taken?? if any of these events have happened then it would be a STCG.
However, interpretation may vary based on other facts.
gbalakrishnan
(owner)
(1373 Points)
Replied 12 July 2012
for stcg, your sale with in three years is applicable and if more than 3 years you get ltcg.
anand
(CA)
(32 Points)
Replied 12 July 2012
it's rule that if u sold property which is had get already exemption from previous property . such withdrawal will be disallow if u sold such new property within 3 year.
UMESH KUMAR TRIPATHI
(STUDENT CA- FINAL)
(74 Points)
Replied 12 July 2012
You have sold assets which's holding period is short term( less tahn 3 year) that.s why you can not get exemption
proceeds of the assets is taxable as short term capital gain.
Mahendra D Jain
(Partner)
(21 Points)
Replied 23 July 2012
I have sold a Residential house which is purchased jointly with my wife 4 years back,then can they buy two Residential house in proportion to their purchase cost to save Long Term capital gain tax
gbalakrishnan
(owner)
(1373 Points)
Replied 23 July 2012
Always it is preferable one has a CA or an advocate to help in such crucial matters after all income tax suddenly pounces on you may be after some years of your filing returns. in fact if you sell yr landed houe property it is always advisable to plough that money in another property else your oen house or flat may bring in miseries! dr. balakrishnan advocate bombay high court
gbalakrishnan
(owner)
(1373 Points)
Replied 23 July 2012
mahenra! you can provided you can show that the property sold by you how it belonged to both of you and if satisfactory answer is possible you can get the the capital tax gains benefit but surely you can get one flat or house buying! advisable to check with a tax advocate or a seasoned CA. regds
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