Browsing Tag

allotment letter

3 posts
Many fear getting a tax notice if they invest capital gains in under-construction flats without a registered agreement. But a recent ITAT ruling proves that such buyers can still successfully claim Section 54 exemption.

Sold Old Flat, Invested in Under-Construction Property But No Agreement – Will You Get a Tax Notice?

Many fear getting a tax notice if they invest capital gains in under-construction flats without a registered agreement. But a recent ITAT ruling proves that such buyers can still successfully claim Section 54 exemption.
The Rais booked a flat in 2013, paid ₹79 lakh, and were promised possession by December 2017. What followed was a developer collapse, a project takeover, a majority consent exercise they never agreed to — and a regulator that told them to cooperate. The tribunal disagreed.

Don’t Book Before the Developer-Society Deal is Sealed: Khar Homebuyers Paid the Price with No Interest on Refund

In a January 2026 ruling, MahaRERA directed Parthesh Developers to refund full amounts paid by buyers Rajiv Dayal and Ashok/Jyoti Narang in the lapsed Ganga Jamna Sangam project — but without interest. The Authority cited the absence of a registered Agreement for Sale and the fact that 2010 allotment letters were issued before the 2011 redevelopment agreement, rendering transactions preliminary and ineligible for statutory interest.
In a major relief for homebuyers, ITAT Mumbai has ruled that stamp duty valuation for tax purposes must be taken from the booking date—even if the allotment letter is unregistered—protecting buyers from unfair tax demands caused by builder delays.

Income Tax Tribunal Mumbai: Booking Date Matters for Stamp Duty Valuation, Even Without Registered Agreement

In a major relief for homebuyers, ITAT Mumbai has ruled that stamp duty valuation for tax purposes must be taken from the booking date—even if the allotment letter is unregistered—protecting buyers from unfair tax demands caused by builder delays.