Income tax capital gains
CA Raj Doshi (Practising CA) (8924 Points)
12 October 2015CA Raj Doshi (Practising CA) (8924 Points)
12 October 2015
Karthik.V.Kulkarni
(Chartered Accountant)
(594 Points)
Replied 12 October 2015
Hi ,
The date of sale deed is the date of acquisition of property. So in this case aquisition is complete on june . On the other hand if posession is taken by the buyer and buyer has paid or willing to pay consideration and there is a contract in writing then the sale is on the date the said contract is executed as per transfer of properties act .
Considering the assumptions two options are available as under:
1) if sale deed is taken as date of transfer i.e june then the asset will be short term capital asset (even if the occupancy certificate is received on 31,3 , 2015) . Tax will be as per normal rate applicable to assessee . There is no exemption claimable in this case .
2) if assessee is deemed owner as per transfer of properties act on paying half the amount on 1/4/2007 then the asset will be long term capital asset . It is taxable at the rate of 20 % . Exemption under sec 54 can be taken if assessee doesnot own any other residential property or/and he can invest upto 5000000 in rec n nhai bonds u/s54 EC . The amount of exemption would be amount of capital gains or amount invested which ever is lower . For sec 54 the new property must be purchased within 2 years after date of transfer or constructed within 3 years , For 54EC the amount in bonds must be invested within 6 months from the date of transfer.
Regards
Karthik V Kulkarni
Arun Kumar
(Auditor & Tax Practitioner)
(168 Points)
Replied 12 October 2015
Income from Capital Gains
1. DOA will be 01-04-2007 as the date of entering into an agreement to sell. And the First Installment paid date.
2. Answer will remain same even the date of Occupany changes. Since it is a document stating when the property was meant to use.
3. U/S 54 an assess can claim exemptons. If an assess invest in Residential house Property, even on underconstructed Residential House Property, for which Service Tax is imposed.
4. Refer Case Law : Punjab and Haryana High Court Decision - Mrs. Madhu Kaul v. CIT and Another 363 ITR 54
Read more at: https://www.moneycontrol.com/news/tax/latest-judicial-decisionscapital-gains-review_1192803.H T M L?utm_source=ref_article
CA Raj Doshi
(Practising CA)
(8924 Points)
Replied 12 October 2015
Thankyou Kartik and Arun forn prompt reply. And the citation of case helped alot. Thanks.