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Clarification on "purchase date" in Capital Gain reinvestment clause

Started by m_r_a_m77, December 30, 2012, 07:01:17 PM

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m_r_a_m77

In order to get tax exemption on capital gains from a property sale, I have to reinvest on a residential property which is either purchased within last one year or in the next 2 years.

I just recently bought a flat which is close to one year old. Can someone define "purchase date" in case of flat? Is it 1) the date I booked my flat? or 2) the day I got possession of my flat? or 3) the day I registered the flat in my name?

Vinay Surana

 ITAT New Del h i in  ca s e o f  Pr aveen Gupta vs ACIT  [13 7 TTJ 3 07] was  seized of the issue and held that the allotment date  of  flat by builder is the date from which indexation  is to be computed for the cost of  acquisition . In other words, it held that the date of
allotment is the date from which the period of  holding is to be counted.

One More cases

ITAT Mumbai in Nita A. Patel vs ITO 132 TTJ 468 (2009)

Definiton of Purchase date as per various court decisions is the day you book your flat provided you pay all your outstanding dues. Here are some decisions which has been favoured the assesse.

Jitendra Mohan vs Income tax officer New delhi (2007)
Jagadish Chander Malhotra vs Income tax officer
CIT vs Vimalchand Mutha (1991)
CIT vs Vedprakash&Sons(HUF)