• Capital gain on sale of property

I have purchased Co-operative Group Housing Flat in Delhi and details are as follows:                                         Society share certificate received in Year 2005.                All payments made by Year 2012.                                     Specific flat draw by DDA held in Nov 2015.                    Allotment with Flat No. On Jan 2016.                            If I sell the flat in April 2017  will it be Long Term Capital Gain or Short Term Capital Gain.
Asked 8 years ago in Capital Gains Tax

Hii

If you sale Group Housing flat in 2017 than its Long term capital gain .

If you sale dda flat in 2017 than its shirt term capital gain

Lalit Bansal
CA, Delhi
776 Answers
61 Consultations

Hi,

In my opinion, Date of acquisition depends upon the nature of agreement. You will become the owner of a flat when the right to ownership is established.

If allotment of Shares in Society establishes ownership, Then 2005 will be the Date of Acquisition.

If the period of holding from the date of acquisition till the date of sale is 36 months or higher, it will be LTCG. Otherwise, it'll be STCG

Pradeep Bhat
CA, Bengaluru
542 Answers
94 Consultations

I my view date is Jan 2016

Some Judgments consider date of application and some said date of allotment is relevant for calculating capital gain

Lalit Bansal
CA, Delhi
776 Answers
61 Consultations

I my view date is Jan 2016

Some Judgments consider date of application and some said date of allotment is relevant for calculating capital gain

Lalit Bansal
CA, Delhi
776 Answers
61 Consultations

Short Term Capital Gain since date of acquisition shall be date of allotment of flat i.e. Jan,2016

Vishrut Rajesh Shah
CA, Ahmedabad
950 Answers
39 Consultations

Hello Sir,

It will be a case of Long Term Capital Gain.

Trust this clarifies your query.

Feel free to call / get back in case of further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, ACA, LLB-GEN, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

But I am still quizzed as to how could you get a share certificate before even getting a flat allotted in your name ?

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

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