Ltgc - which year to consider as year of trasfer ?

angshuman das (tax consultant) (29 Points)

20 February 2015  

Hello Everyone , 

Brief facts :

1. Land given to developer for construction of flats during F.Y- 2004-2005 and 5 nos. flats alloted with                  distinct nos. during F.Y - 2004-2005.

2. Got the flats during F.Y- 2009-2010 and income shown under House Property .

3.  A.O. issues notice u/s 148 in Nov. 2014 for Income Escaped Assessment.( capital gain )

Now my queries are :

1. Which year to consider as year of transfer for capital gain ( no capital gain paid earlier ) ?

2. If we were to consider F.Y : 2004-05 as year of capital gain , whether A.O can issue notice u/s 148  during F.Y- 2014-2015 ( i,e after 7 years of relevent assessment year ) for Income Escaped Assessment.

I would appreciate if someone come forward to help me in finding solution to my queries .

Thank  you in anticipation.