Refund the entire amount with compensation in the form of simple interest @11%
Booked a flat with a builder in 2010 and he failed to deliver the flat and offered possession after 6-7 years. We had approached the NCDRC and we opted for refund and NCDRC ordered in 2018, Refund of the entire amount with compensation in the form of simple interest @11%. Is the interest part which is as compensation in this case taxable. if yes then the interest paid builder minus the interest paid by us leaves us with much less amount than even the capital appreciation after indexation.
Since the property has not come to us, can we file capital loss under capital gain head calculating the capital after indexation. We have again approached the NCDRC since builder has deducted TDS under section 194A1. We have not yet filed returns for 18-19 since we are in court and we want him to refund the TDS deducted wrongly with interest @ 11% from the date of the last payment made to the builder. Now the last date of filing the return is June 30th and our final hearing is 1st July 2020. (Just one day gap). Can we file interest factor as carry forward since the case is subjudice....It will highly appreciated if the answere can be supporterd by case studies, income tax judugments or other court judgements. Thanks in advance EMAIL [deleted]
Asked 4 years ago in Income Tax
https://abcaus.in/income-tax/compensation-builder-failure-give-possession-flat-non-taxable.html
Hi Mr. Badlani,
Thanks for your answer. The judgment that quoted itself says that interest on delayed plot is not taxable.Your answer is not clear, if as per you the interst recieved minus the expense (interest paid by us loan) is taxable then why TDS deduction is not applicable. I have quoted exact phrase used in the final order of NCDRC that "Refund of the entire amount with compensation in the form of simple interest @11%". it clearly says interest as compestion and not interest as interest, in the order each interest rate on different loans was calculated and only then the Hon' Judge arrived at the figure of 11%, which is part of the exaustive order. As far as the contract with builder is concerned it only mentioned that if we delay intalment then he will charge 24% interest and if he delays he is liable to pay 3% or so. Obviosly, there is no mention of refund of total amount. If you are suggesting that the amount of interest that builder paid minus the interest paid by is taxable, then what happened to the depriciation of my capital over the years....what about cost inflation index based on the inflation increasing (if not calculated in this case then decreasing) the value of my capital...
Regrds
Som Bakshi
Asked 4 years ago