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Tax implications on FD and LTCG for a flat sale with deferred payment?

Mihir Tanna |1026 Answers |Ask -Follow

Tax Expert - Answered on Mar 04, 2025

Mihir Ashok Tanna, who works with a well-known chartered accountancy firm in Mumbai, has more than 15 years of experience in direct taxation.
He handles various kinds of matters related to direct tax such as PAN/ TAN application; compliance including ITR, TDS return filing; issuance/ filing of statutory forms like Form 15CB, Form 61A, etc; application u/s 10(46); application for condonation of delay; application for lower/ nil TDS certificate; transfer pricing and study report; advisory/ opinion on direct tax matters; handling various income-tax notices; compounding application on show cause for TDS default; verification of books for TDS/ TCS/ equalisation levy compliance; application for pending income-tax demand and refund; charitable trust taxation and compliance; income-tax scrutiny and CIT(A) for all types of taxpayers including individuals, firms, LLPs, corporates, trusts, non-resident individuals and companies.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more

Asked by Anonymous - Feb 19, 2025Hindi

Money

I have sold my flat for 3cr and purchased new flat for 4.5 ...but the builder has taken only 20% and rest 80% at possession..last week 13 th feb 2025 registration is done for new property...I will get possession around June 2025.I have done FD of rest amount.. kindly advice I will be taxed for fd and ltcg.

Ans: For claiming exemption u/s 54, gain amount is required to be invested in buying/constructing new property as per prescribed conditions. Thus, if before filing ITR if gain amount is paid to builder you are not liable to pay tax on LTCG. However, interest on FD will be taxable. Unutilised amount can be kept in capital gain scheme account.

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.

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I have booked a flat in an under construction project and the possession is December 2027. Can I sell my existing old flat now or I have to wait for another year ( 3 years before the possession of the new flat) for taxation benefit.

Ans: Hi V
Did not understand your question correctly. Assuming that you are asking that you would want to sell your existing house and reinvest in the under construction flat, here is the response.

You would need to get the possession of the house by reinvesting the capital gain portion from the sale of existing house within 3 years from the date of sale of the existing property.

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Question by Prabodh - Jul 17, 2023Hindi

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Hello Sir, I need your advice in sale of flat, Sir, I booked one Under construction flat @ Virar In June 2004 for Rs.17,74,000 and paid Stamp duty of Rs.67,440 and the Registration charges of Rs.17,740 on that , of which I for possession in June 2014, Sir, I sold that flat in June 2023 for Rs.41,50,000/- Sir, how much I m liable to pay LTCG on that and within how much time I have to pay that tax to the Income tax Authorities, as I do not intend to invest in the new property.

Ans: For calculating tax on long term capital gain on house property, indexed cost of acquisition is required be reduced from sale considered.

Indexed cost of acquisition can be calculated with the help of income tax calculator available at https://incometaxindia.gov.in/Pages/tools/indexed-cost-of-acquisition-or-improvement.aspx.

Property is booked in 2004 but payment would have done gradually till 2014. Thus, indexation benefit is available on each of the payment from each of date of payment.

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Question by VINAY - Apr 16, 2024Hindi

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i have bought a flat in June'22 i was told that possession will be given on or before 31/12/2022 and also promised that if possession not given as per schedule i.e 31/12/2022 then they will give me monthly compensation till the actual possession of flat and they have given me possession after one year and they also refused to give any compensation so please advise what to do now

Ans: Gather Evidence: Collect all documents related to the flat purchase, including the agreement, possession date promises, and any correspondence about delays or compensation.
Send a Legal Notice: Clearly outline the breach of contract, the promised compensation, and demand payment.
Consider Mediation or Arbitration: If direct negotiation fails, explore these options to resolve the dispute.
Consult a Lawyer: Seek professional advice to understand your legal rights and options, including potential litigation.
Act promptly as there might be time limitations for legal action.

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My wife is retired Her income from STCG from debt funds in this FY is 61000 Her income from LTCG from debt funds is 499000 If she invests Rs 61000 in ELSS will IT DEPT allow rebate of 61000 under section 80c and if so, her taxable income being 499000, will she get rebate under section 87A under the old tax regime

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Ans: Hello;

You may be able to achieve 1 Cr corpus in the following manner;

1. Do a flat monthly SIP of 50 K for 10 years.

2. Begin with a monthly sip of 15 K and step it up every year by 30% minimum.

Other option is to do a flat monthly sip of 20 K for 17 years to achieve 1 Cr.

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I have sold a flat on 12th Feb2025 for Rs.65 lacs. I have bought this for Rs.11 lacs on 5th April 2005. I do not wish to buy another property . I wish to invest in Capital Gains Tax Saving Bonds. I am 72 years old. How much is the LTCG ? How much do I need to invest in the CG Tax Saving Bonds to minimise the tax ? What will the tax amount payable ? Thanks and regards

Ans: 01. Based on available information, you may opt for LTCG with Indexation.
02. CG Tax Saving Bonds may be purchased for Rs.30.00 lakh. It may reduce your tax payment significantly.
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sir, I want to check how much money i have in my IT file . i want to purchase land, so want to make confirm is their sufficient amount in file. For this which amount i have to check. Please advice.

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I sold a property for Rs130 lacs in this month. I bought it for Rs.18 lacs in August 2005. I bought in joint name of self and spouse. I got the sales payment equally in both names. We do not wish to buy another property as I am over 70 years of age and my wife over 67 years. How much should we each invest in CG Tax saving bonds to get exemption ? Both of us are filing returns separately.

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Hi My father purchase ist and barsati floor in 1986 @ 2 lac... He made 3rd floor construction... We dont have construction expenses bills Now he want to sell@ 10 lac each floor to 3 indiviual buyers, means total 30 lac sale considration ., how it can be shown in income tax... Will 2 lac buy value is divide in 3 floor?

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Question by shraddha - Feb 22, 2025Hindi

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Hello Sir, I am 35 year old working women & having SIP of 51K for 15 years. I started it 2 years before.(Current amount is 14L) My salary is 85K per month. I have 10 years daughter. I have currently purchased 2BHK home having home loan of 50L for 15years.My target is close the loan in next 5 years. Rent is coming 15K. EMI is 70K.(35K husband pays the EMI).NPS is 50K yearly. LIC 35K yearly. I want to retire by 2036 with amount of 2cr.Please suggest.

Ans: Hello;

With your current sip of 51 K you may be able to achieve a corpus of 2.13 Cr in 15 years time frame. (Assuming modest return of 10%).

You may use partial withdrawal from NPS/EPF, if any, and LIC policy proceeds to prepay the home loan.

Best wishes;

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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