My late father had purchased a plot of land in 1995. The particulars of the precise price paid by him usually are not accessible to us. The similar was gifted to me by him in Aug 2014 by a duly executed reward deed on which correct stamp responsibility was paid. Now I’m planning to promote this plot for 2 Crore rupees. Can you information me on find out how to compute the capital beneficial properties? Whether the indexation can be achieved from 1995 when it was purchased or from 2014 after I grew to become the proprietor of the plot? How can I get an exemption from tax on such long-term capital beneficial properties?
Answer: In case of capital belongings obtained beneath presents the mixed holding interval for which the capital asset was held by the identical can be counted from the date on which the earlier proprietor who had really acquired for consideration shall be taken into consideration. Since the mixed holding interval of your and your father exceeds 24 months, the earnings on the sale of the plot shall be long-term capital beneficial properties.
The price for the aim of capital beneficial properties computation goal in such a state of affairs is to be taken as the quantity paid for by the earlier proprietor who had purchased for consideration.
For belongings purchased earlier than 1st April 2001, the assessee can take the truthful market worth of the asset on 1st April 2001. Since the fee for which your father had purchased just isn’t available and because the similar was bought earlier than 1st April 2001, you’ll be able to take the truthful market worth of the plot as of 1st April 2001 as the fee for computing the long-term capital beneficial properties. For arriving at truthful market worth on 1st April, 2002, you could get hold of a valuation certificates from a Registered Valuer. The truthful market worth of the plot for this goal beneath no circumstance will be increased than the stamp responsibility valuation on that date. Though the legislation lets you take your price of acquisition as the fee incurred by the earlier proprietor in case of any asset obtained as presents it doesn’t explicitly present that the indexation profit shall even be accessible from the date on which the paid-for earlier proprietor acquired it. So strictly talking although you’ll be able to take the market worth of the property as of 1st April 2001 as your price however the advantage of indexation can be accessible to you from August 20114 if one goes by the strict authorized provisions. However, Gujrat High Court, Delhi High Court, and Bombay High Court have held that because the price to the earlier paid-for proprietor is to be substituted, the indexation must also be allowed from the date of buy by the earlier proprietor or 1- 4-2001 in case truthful market worth as on that date is adopted. Since the truthful market worth as of 1st April 2001 just isn’t accessible it’s not doable to compute the precise capital beneficial properties. But the sale value as lowered by the listed capital price shall be your taxable long-term capital beneficial properties.
For saving the capital acquire tax legal responsibility you could have two choices. Either you’ll be able to make investments the sale consideration for development or buy of a residential home inside a specified interval or/and make investments the long-term capital beneficial properties in capital acquire bonds of specified entities inside six months from the date of sale of the plot.
Balwant Jain is a tax and investments knowledgeable and will be reached at [email protected] and @jainbalwant his Twitter deal with.
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Updated: 13 Jul 2023, 11:53 AM IST
