- since with the sale, I will have to foreclose the loan with my bank, there is an 70-80k foreclosure penalty to be paid as well... Would that be deemed as a cost as well....?
Very interesting points ,I am trying to answer these queries and if any body has different version than please record in comment section
Capital gain on capital asset are applicable on transfer of asset sos transfer date will decide what is acquisition date and what is date of sale.so first talk about what is the meaning of transfer.
As per Transfer of property act 1982 scetion 54 ,sale of immovable property shall be registered if property value is more than 100 other wise sale will not be effective.section 54 reproduced as under
- 54. "Sale" defined
- "Sale" is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.
- Sale how made: Such transfer, in the case of tangible immovable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument.
- In the case of tangible immovable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property.
- Delivery of tangible immovable property takes place when the seller places the buyer, or such person as he directs, in possession of the property.
- Contract for sale: A contract for the sale of immovable property is a contract that a sale of such property shall take place on terms settled between the parties.It does not, of itself, create any interest in or charge on such property.
so from above the transfer date of immovable property depend upon two things
- date of registration
- date of possession of immovable property
Ans (1) & (2)
on the basis of above details in my opinion the answer of your point one and two is that if you have taken the possession of the flat/property Jan 2005 itself ,then this transfer will be covered under section 53A of Transfer of property act and possession date will be the date of acquisition /Date of transfer even though registration date is feb 2008 .
Now lets discuss about what is the meaning of cost of capital asset sold .This has been explained in section 48 of the Income Tax Act.
48. The income chargeable under the head Capital gains shall be computed, by deducting from the full value of the consideration received or accruing as a result of the transfer of the capital asset the following amounts, namely :
(ii) the cost of acquisition of the asset and the cost of any improvement thereto:
Further second proviso of the section 48 says that
Provided further that where long-term capital gain arises from the transfer of a long-term capital asset, other than capital gain arising to a non-resident from the transfer of shares in, or debentures of, an Indian company referred to in the first proviso, the provisions of clause (ii) shall have effect as if for the words cost of acquisition and cost of any improvement, the words indexed cost of acquisition and indexed cost of any improvement had respectively been substituted.
Cost of Acquisition Means value for which it was acquired.Capital Expenses paid for completing or acquiring the Title of the property are includible in the cost of acquisition.
So on basis of above point ,expenses paid for the stamp duty and registration charges are part of the acquisition cost.
Interest paid for House loan can be treated as cost of acquisition if this has not been claimed as deduction under any head under income tax act as double deduction is not allowed .so if you have not claimed Interest on house loan as deduction under income from house property then you may add this interest cost for calculation of acquisition cost .This result is based on Court judgments and not has been clearly defined in the Act .
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