October 13, 2016
50
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3:53Now PlayingExpert: Pannkaj Ghadiali, Managing Partner at PC Ghadiali and Company LLP.
Question: I am buying a property and to get the capital gains tax exemption I have to get the property registered in my name within 3 years. Due to the delay from the developer's side, the registration would be delayed by 2 or 3 months. Due to the delay from the developer's side, the registration would be delayed by 2 or 3 months. Am I eligible for exemption from capital gains tax? Please guide me.
Answer: For claiming the benefit of reinvestment in property, what is required is "investment" in property within the time prescribed. It does not talk about Registration of the document in your name. In your case since you have already invested the capital gain or sales consideration as the case may be for the purchase of residential property, you will get the benefit of exemption of long-term capital gains.
The three-year issue that you are talking about is when you want to sell the property that you have acquired. In order that the property you are selling becomes a long term capital asset, you should be holding it for 3 years after registration. However various courts have held in favor of assesses and granted the benefit of long term capital asset as long as it has been held for 3 years from the date of investment.
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