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MOFA - INDEXED COST DEMYSTIFYED {Source Times Of India}
 
This is an excerpt from Times of India - Which may be helpful for Flat Buyers and Sellers.
 
Lalita Prabhakaran wants to know whether on sale of a flat acquired by her on inheritance, the cost for the purposes of capital gain will be the indexed cost and if so, how will it be indexed? ADVOCATE KK RAMANI responds:
 
The capital gain on transfer of a property is the difference between the sale consideration and the cost of acquisition thereof. The cost of acquisition is permitted to be indexed on the basis of cost inflation index notified by the government from time to time. In this case no cost was incurred by her as the flat was acquired by inheritance. In such a case the cost incurred by the previous owner is taken to be the cost to her which, is indexed up to the year of sale.
 
In case, however, if the previous owner acquired it before 1981, the law permits its market value as on 01-04-1981 to be the cost to the previous owner. In case she inherited the property after this date the question arises as to whether indexation needs to be done from 01-04-1981 or from the date of inheritance by her. In Dy. Commissioner of Income-tax, Circle-3(4) V. Kishore Kanungo 102 ITD 4347 a view was taken by Mumbai Bench of ITAT that indexation can be done only from the date of inheritance i.e. when she actually acquired it. The view was subsequently revised by the Special Bench in DCIT vs. Manjula J. Shah 318 ITR (AT) 417 and it has been held that indexation will be from the date the previous owner acquired it or from 1/4/1981, whichever is later. On the assumption that the previous owners acquired the Property before 1981, the cost of acquisition in her case will be the market value as on 01-04-1981 which will be indexed from 1981 upto the year of sale. It may be mentioned that the cost inflation index with 1981 as the base i.e. 100 is 785 for the F.Y. 2011-12.
 
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