• Plot of land. Cost of Acquisition

Hello TaxFull Experts:

I purchased a piece of land through a developer for X Lacs a few years
back. The piece of land (plot) was registered in my name by the Sellers
who were the direct owners of the piece of land, not the developer. The
amount in the registered deed is Y Lacs which is less than X.

The developer has provided receipts for the X Lacs and given details of
plot number etc. but as they are the developer they didn't show the
payment made to the direct owners.

Now, as I am selling the plot, my CA is telling me that the cost would be
Y not X which was paid to the developer. The developer received X Lacs
which included developing the land (roads, demarcation, water supply,
electricity etc.) However, as there is no indication of direct payment to
the land owner, the CA is not able to provide me a plan for the LTCG.

How do we compute the LTCG in this case? Based on X Lacs which was
actually paid by me or Y Lacs for which the registration was done.

Regards.
Asked 12 hours ago in Income Tax

Dear Querist,

Practically, if you have documentary evidence proving payment of X (bank payments, receipts, agreement, etc.), you may claim X as the cost of acquisition.

However, if a part of the amount was paid in cash and there is no reliable evidence, it would be difficult to substantiate that amount before the Income Tax Department. In such a case, your CA may have to consider only the amount that can be properly supported by documents.

For a more detailed review of your case, you may book a phone consultation.

CA Shubham Goyal

Shubham Goyal
CA, Delhi
603 Answers
24 Consultations

Dear Sir,

 

Hope you are doing well.

If you can prove with proper documentation (developer agreement, receipts, bank payments, allotment letter, etc.) that you actually paid X lakhs to acquire the developed plot, then X lakhs is generally the defensible cost of acquisition for LTCG purposes.

 

However, if the registered sale deed shows only Y lakhs and there is insufficient evidence linking the additional payment to the acquisition of the plot, the tax authorities may allow only Y lakhs as the cost. This is why your CA is taking the conservative view.

 

So, the correct cost is the amount you can substantiate, not necessarily just the amount mentioned in the sale deed.

Thanks & Regards,

Payal Chhajed

 

 

Payal Chhajed
CA, Mumbai
5208 Answers
308 Consultations

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