Taxability of excess refund received from builder

Tax queries 441 views 1 replies

one of our client had paid Rs.25 Lacs to builder before 3 years and got Allotment Letter.

The Builder Constructed the Building and sold the flat to third party and refunded Rs 35 lacs to the client now

what will be the taxability of the Excess Amount Received i.e. Rs 10 Lacs

Replies (1)

it will be based on the cancellation policy  and mutual agreement  of the Builder Organisation and your client.

on otherhand it is looking like a pure financial transaction as if he gave as loan or investment. In this case Amount Rs. 10 lacs will be treated as Interst for 3 years.

 


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