| Question And Answer | |
|---|---|
| Subject: | Applicability of Capital gain on redevelopment of commercial property |
| Category: | Income-Tax |
| Querist: | sanjay |
| Answered by: | Law Intern |
| Tags: | Capital Gains, redevelopment |
| Date: | March 26, 2026 |
Dear Sir,
my query is on redevelopment of commercial property, whether capital tax is applicable or not to receiver of the new owner
It is arguable that there is no “transfer” because the same area is received in the new building after redevelopment. It is a mere improvement of an existing asset and not a “transfer”.
However, if any additional area is received, the market value of that may be taxable.
In the case of residential property, the argument is not required to be availed of because even if there is deemed to be a “transfer”, the benefit of s. 54 can be availed of.
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