Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Calculation of Capital Gain in case plot is alloted by Govt. and payment made in installments.

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Calculation of Capital Gain in case plot is alloted by Govt. and payment made in installments.
Query (Issue) Started By: - Ankur Simghal Dated:- 7-1-2014 Last Reply Date:- 10-1-2014 Income Tax
Got 5 Replies
Income Tax
The facts of the case are as Follows: Assessee was alloted a plot on 15/06/1999 Initial money paid Rs.1400000 Installments Paid on different dates. 15/03/2000 : Rs. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 750000 15/09/2000 : Rs 750000 15/03/2001 : Rs 750000 15/09/2001 : Rs750000 each installment includes the amount of interest amounting Rs 150000/- Pls tell me the calculation of Capital GAin the assessee has sold the said plot for Rs.2.5 crore (Stamp Duty Value) Reply By CA GOPALJI AGRAWAL: The Reply: First determine the date of transfer the property from authority to allotte as per sectio .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n 2(47) read with section 53A of the Transfer of property act. The total sum (principal amount) as on the date of transfer has to be taken in account. Instalments are just a mode of financing and would not change the transfer date. The indexed would be applied on total principal amount from the date of transfer. Reply By Ankur Simghal: The Reply: Sir, CA GopalJi aggarwal First of all thank you .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... for ur reply. Do I have have to index COA in FY 1999-2000 Or Indexation has to be done on payment date basis.( inclusive of interest or not) Reply By CA GOPALJI AGRAWAL: The Reply: from the date of possession. Reply By Ankur Simghal: The Reply: Thank you sir for your instant reply. Sir, is there any corresponding supporting to it or it is in general practice.. Reply By DEV KUMAR KOTHARI: .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... The Reply: The date of possession is the date of acquisition so CII for that year wil be applicable on cost of acquisition. On accepting posession, liability for entire cost of acquisition that is full amount , is incurred (includign instalments (principal and interest both). A credit is allowed to pay Rs.three lakh in four instalments. Therefore, entire cost of acquisition that is Rs. 14 + 3 = .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 17 lakh will be eligible for applicaiton of CII of the year in which possession is taken. In such circumstances interest is part of cost of acquisition as per some of judgments of High Courts on section 55 as well as on section 43(1) in whcih it was held that amount payable including EMI is actual cost. In section43(1) an amendment ahs been made, however, for S. 55 the entire amount including int .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... erest can be considered as 'the cost of acquisition' for computing capital gains. Disputes may however arise.
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates