Advance to Builder against construction is refund back with interest

Facts: - 1) I have contributed Rs 1.80 cr as advance to Builder on sep 2014 and booked a flat. 2) July 2016, another payment of Rs 27.50 lacs was paid 3) July 2018, Building was completed but i didn't get the possession of premises and dispute filed in  court. 4) Court decide in favour of assessee and in dec 2021 settle their dispute a sum of Rs 3.5 cr. (Rs 2.075 own contribution plus interest) Query: -  Weather the amount of Rs 1,42,50,000 which  is received over and above of own contribution would be consider as "Capital Gain" or…

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