Hello , In one of the CHS's case , redevelopment agreement entered into between Society and Builder. Redevelopment agreement got registered and builder had paid stamp duty on the same. Subsequent to this , department has sent notice to Society claiming that since the agreement is entered into between society and builder and society has benefitted with the sum of Rs......( Value of Development agreement) in the form of new construction, enhanced area and rental expenses in the existing property as per the agreement which is otherwise taxable under the head Income from Other Sources. Whether the said valuation…
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My father in law stayed in tenanted property since 1958 in Vile Parle Mumbai. Flat size was 232 sq ft. Developer built 300 sq ft as per regulation and further 121 sq ft. 232 was free and we were to pay for additional 189 sq ft. PAA was registered in Aug21. Completion certificate Feb23. We want to sale in Jan24. Will it get classified as STCG or LTCG. Can date of signing the PAA be taken as date of acquisition and stamp duty value on that date as cost of acquisition. Completing 24 months from PAA registration date. Thanks
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My Mother had a Flat (460 sq,ft) on Ownership basis since 1984. Building went into Redevelopment in the Year 2014. Builder paid Stamp Duty only on Construction Cost Rs 1760/ sq.ft.(as the Law Prevailed in 2014), whereas Fair Market Value & Stamp Duty Value was 8600/ sq.ft Now which Value I Have to Take for Capital Gain Tax Calculations I have sold the Flat in August 2023. from 2001 as base rate or stamp duty paid value or market value as on 2014 (agreement yr)
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When a Society building containing various is demolished due to a Development Agreement ( typical in Mumbai ), does it not amount to "Relinquishment of asset" u/s 2(47)(i) - The asset is physically not there now and a new asset (new house may be bigger) will be given.
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Hello, I have been staying in my pagdi flat since 50 yrs which is currently going for redevelopment. Total flats are 8. 2 flats of landlord, 1 of me, 4 flats in one name which are commercial and 1 flat also commercial. Total 8 flats occupied by 4 owners. My area is 750sq ft. What should be the majority for it to go for redevelopment considering 4 flats is of 1 owner? How much additional area will i get? Thanks
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My pagdi flat where I was residing since 1997made ownership after redevelopment. we signed documents for alternate accommodation and other in 2014. Possession on after development received in June 2021.Now while selling of this flat what will be the acquisition date for gain tax.
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Hello Sir, HUF possesses a flat in a co.op.hsg.society of total 21 flat owners. With the consent of 20 owners, society is going for a redeployment. KARTA of HUF has neither signed Irrevocable Consent Letter nor the M.O.U. Shockingly, without the consent of KARTA of HUF, the society had given the possession of the premises to the redeveloper and it had demolished all the flats. What actions should be taken by KARTA and on whom? Please urge you to treat it as most urgent and guide me? Thanks & Regards, Deepak
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In case of society redevelopment , Builder pays to society members hardship compensation, rent, corpus amount etc. Is builder liable to deduct TDS under section 194IC ? In society redevelopment agreement , if Stamp duty value is more then the the consideration receivable in kind the section 50D is attracted to society member. Similarly there would be any implication to Builder in such case under section 56(2)(10)
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How does amendment proposed to section 55 in Finance Bill 2023, affect Redevelopment of property by a Society/ Landlord/members individually ?
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Hello sir, Question - Which year should be consider as a year of transfer, in case of transfer of tenancy right(Pagadi system) under redevelopment of building ? ( Here tenant entered in Permanent Alternative Accommodation with developer and mentioned that tenancy will be surrender only on receipt of new flat.) Which date shall be consider as per Income tax act to take it as a transfer date?
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Redevelopment Taxable in the hands of Society