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kiran (manager)     12 December 2012

Capital gain tax on sale of fully tenanted building

pl let me know the tax implications for owner in case of sale of fully tenanted building in mumbai for Rs.5 crore.

brief history:- Mr. A is co owner of said building with 37.5% share. by virtue of following 2 events.

1)gift received from Grand father in 1954

2)partion of HUF dt.1960

kindly give your valuable views on above matter to calculate capital gain Tax ,



Learning

 3 Replies

Tripti Nagwekar (Owner)     12 December 2012

1)gift received from Grand father in 1954 - This can not be taken as date of purchase and value nil because this gift ended on 1960 partition.  1960 can be date of purchase and value would be of that date of partition.

kiran (manager)     12 December 2012

Tripti... thanks for taking ur time .. but let me clear your confusion.. 2 different percentages of share received on these two different events...which combinely  makes 37.5%

R RAJAGOPALAN (ADVOCATE)     12 December 2012

Ordinarily  it makes no difference whether the building being sold is tenanted or not.                                                              But slight complicaions may arise if the erstwhile tenant has been paid any 'pakidi' for vacating the premises.                      In the instant case it also appears that the building was owned by more than one person, ie; it was co-owned. If so, the capital gains are assessable  in the hands of the various co-owners in proportion to their ownership rights in the property..


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