Resale of under construction builder Property, is LTCG OR STCG?
Mr. A purchased residential property from builder in Noida, through regular BBA and allotment letter in July 2016.
Mr A sold the under construction property to Mr. B through builder transfer process i.e. the property got endorsed to Mr. B in Aug.2022 (meaning BBA and allotment letter got endorsed, but no change in allotment)
Mr. B sold the property to Mr. C in Jan.2024, through same endorsement process of builder and property is still under construction.
Assume any property value greater than 50 lakhs (so that 1% TDS is applicable)
Questions:
1. Mr. C will needs to pay LTCG or STCG?
My Reasoning (based on some research):
As there are many verdicts and decisions from court recently, so it's not clear about the holding period. However, based on reading through different articles, i concluded the holding period will be calculated from allotment letter by builder for under construction property, but my doubt is, the holding period will be calculated from endorsement of allotment (in Aug.22 to Mr.B) or original allotment (in July 2016 to Mr.A)?
a. If holding period is calculated from original allotment then Mr.C needs to pay LTCG
b. Otherwise, if endorsed allotment is considered then STCG (however i believe this is due to less than 2 years, but not sure for under construction if it's 3 years?)
Any guidance or suggestions will be really helpful.
Thanks in advance of your recommendation/suggestions/guidance/sharing knowledge and participation!