Capital Gains

486 views 3 replies

Friends ! here is really a teaser!!

A tenant in occupation of  a shop premises for more than two decades paying monthly rent of Rs. 100 gets a brand new shop from a builder, who develops the building. Fair Market Value of the new shop is Rs. 1 Cr..

Is there any liability for capital gain tax ??

Replies (3)

My arguments are :

Teant surrenders his tenancy rights. Extinguishment of tenanct rights is "
 Transfer"  Cost of acquisitiion is nil.

There is a separate agreement for SHOP. In any case the shop is a new asset.

Tenancy right per se is not depreciable asset. Rent is covered U/s 30.

S. 50 benefiit is also ruled out.

Therefore FMV of new shop 1 Cr is fully liable to tax as LCG

Sir,

Has the tenant vacated the premises?

If no, there would be no transfer if he simply gets a renovated premise.

however if the tenant is given a new shop at some other place, then it will come under transfer of tenancy right, as you already mentioned and the whole of FMV of the new asset will be taxable as LTCG.

That is what I think.

Regards

For redevelpment , Property has to be vacated, demolished and reconstructed. There is new plan, new name, new premises new marketing.

Old property is TENANCY RIGHTS which are diffrent from shop .

TENANCY RIGHT extingushed  and NEW ownership right in brand new shop is altigether a nrwe ight.

It ie therefore exchange ( Te Cairns india Ltd)

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details
Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
ARTICLESHIP 07 July 2026
Articleship

Jawahar and Associates Chartered Accountants

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 10 July 2026
Article Assistant

N S Gokhale & Co

Thane

CA Inter

View Details
Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details