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V Ishu Hegde   25 February 2009

capital gains

 

what is the cost inflation index for fin . year 2007-08, 2008-09?

date of transfer for acquisition under income tax act 

whether

1. date of payment

2. date of agreement

3. date of possession of flat

please provide case laws

 



Learning

 2 Replies

mehul (business)     26 February 2009

date when the first payment is received towards the sale. can be advance also.


cost index for 2008-09 is 582 and 2007-09 is 551

GOPAL (ADVOCATE)     01 March 2009

Genarally capital gain is taxable in the year in whcih capitalasset is transferred.Different rules are applicable in the case of movable/ immovable assets. 1.Immovabe :- (a) if registered: date of execution or registration (b) if not registered( vide Alapati Venkatataramiah vs. cit (1965)57ITR185(SC) : accoring to sec 53a of TP act. which recquired to fulfill 3 conditions viz: (i) There should be a contract in writing (ii) transfree has paid consideration or willing to perform his contract (iii) transfree has possession of property. 2.Movable :-Title of movable property transfer at the time when property is delivered.


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