• Compensation received upon surrender of entitled additional area to builder in redevelopment

1) I purchased a flat in Mumbai in April 2016 value of Rs 285,00,000 Size 720 Sq Feet as per the Agreement and 778 sq ft as per the survey
2) In March 2022 we signed a redevelopment agreement with the builder and I will get a total 1041 sq. Feet, 33.5% extra area over and above our existing area  
3) Due to my financial situation I am surrendering part of the entitled additional area and premium position of the flat to the builder and taking a smaller flat of 790 sq feet area with Compensation of Rs 190,00,000 over and above my Hardship Compensation of Rs 48,68,000
4) My Permanent Alternate Accommodation Agreement (PAAA) will be executed by next week
5) My question is what is the tax implication on me in this situation or I can avoid tax by using specific wording/section in PAAA for this transaction
Asked 1 year ago in Capital Gains Tax

Entire compensation would be taxable under the head Capital Gain. It would be treated as a short term capital gain as additional area was allotted to you in March 2022.

Vivek Kumar Arora
CA, Delhi
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