Amit Dixit (SDM) 26 September 2013
I booked a flat in July 2010 so after more than 3 years I am selling the property now. Given the property is still under construction and it is more than 3 years will my gain from this property will fall in Short Term Capital Gain or Long Term Capital gain. If I use the entire amount to buy another flat/house then will I be exempted from the tax, given this would be my first house and not the investment. Please share your views.
R RAJAGOPALAN (ADVOCATE) 01 October 2013
The given facts: I booked a flat in July 2010 so after more than 3 years I am selling the property now. Given the property is still under construction and it is more than 3 years will my gain from this property will fall in Short Term Capital Gain or Long Term Capital gain. If I use the entire amount to buy another flat/house then will I be exempted from the tax, given this would be my first house and not the investment.
Reply: What you would be selling is not any flat, but only your right to receive a flat. As you held the right for more than 3 years, it is a long term capital asset. You are entitled to the benefit of Section 54F.
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