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Snehal s88 (Associate)     01 December 2014

Tax - sale of under construction property after possesion

I have a question on tax treatment of capital gain arising from sale of under construction property immediately after getting possession.

Assuming below details

1. Date of paying earnest money to builder: 1-May-2011

2. Date of registering agreement to sale: 15-May-2011. Nearly 95% of funds collected by the builder by April 2013. 

3. Date of getting possession letter: 30-Jun-14

Now, if one chooses to sell the property now, will the resulting capital gain be treated as long term capital gain or short term capital gain? Can such gain be tax exempt if the proceeds are used to buy another property? 

How will the capital gain be calculated? 



Learning

 1 Replies

Hardeep (Business)     04 December 2014

Dater of Allotment of the flat has to be considered for tax purposes here. See :

Punjab and Haryana High Court in the case of Vinod Kumar Jain v CIT and Others 344 ITR 501


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