Question And Answer
Subject: Cost of ownership flat in exchange of surrender of tenanted flat .
Querist: Advocate A.V.Shetty
Answered by:
Tags: , ,
Date: December 5, 2021
Query asked by Advocate A.V.Shetty

When Mr A wants to sell a ownership flat received free by him on surrender of tenanted flat at the time of redevelopment  . What is its cost and what is period of holding ?


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Answer given by

The assessee has to ascertain the market value of the flat when the assessee has got the flat on redevelopment . In ACIT v. Shree Krishna Pharmacy (Mum.)(Trib.)(UR) (ITA No 3947/Mum./2016 dt 19-04-2018 “H”)(AY. 2007-08), dismissing the appeal of the revenue the Tribunal held that, value of tenancy rights to be considered for determination of cost of acquisition. The builder has given alternative flat to the assessee only by way of surrender of tenancy rights. Had there been no tenancy rights the builder would not have offered any flat to the assessee on ownership basis. Thus it is valuable right on which cost of acquisition has to be determined. Followed CIT v. CIT v. Abrar Alvi (2001) 247 ITR 312 (Bom.) (HC). The surrender of tenanted flat against redevelopment the assessee is entitle to benefit of section 54F of the Act subject to other conditions . The period of holding to be considered when the flat was received on redeployment . Cost will be the market value / stamp duty value on the redevelopment flat . The assessee may contact the tax consultant , who can guide properly after reading redeployment agreement , when the society was formed etc .

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