Tax gain by selling under construction property


I booked a flat in July 2010 so after more than 3 years I am selling the property now. Given the property is still under construction and it is more than 3 years will my gain from this property will fall in Short Term Capital Gain or Long Term Capital gain. If I use the entire amount to buy another flat/house then will I be exempted from the tax, given this would be my first house and not the investment. Please share your views.

 
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The given facts: I booked a flat in July 2010 so after more than 3 years I am selling the property now. Given the property is still under construction and it is more than 3 years will my gain from this property will fall in Short Term Capital Gain or Long Term Capital gain. If I use the entire amount to buy another flat/house then will I be exempted from the tax, given this would be my first house and not the investment.

Reply: What you would be selling is not any flat, but only your right to receive a flat.  As you held the right for more than 3 years, it is a long term capital asset. You are entitled to the benefit of Section 54F.

 
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