Big Relief for Homebuyers: Compensation for Delayed Flat Possession to Be Treated as Interest Income, Not Capital Gains – ITAT Ruling
In a significant ruling that brings relief to homebuyers across India, the Income Tax Appellate Tribunal (ITAT) has clarified that compensation received from a builder for delayed possession of a flat cannot be taxed as capital gains. Instead, such compensation should be treated as interest income. The judgment came after a Mumbai couple faced an incorrect tax assessment on the compensation they received for a delayed property handover.
Background of the Case
The case involves a couple from Mumbai who had handed over their land to a builder under a redevelopment agreement, with the promise of receiving a flat in return. As per the agreement, the builder was required to pay a penalty if he failed to deliver the flat within the stipulated timeframe. However, when the builder failed to hand over the property on time, the woman received compensation of ₹1.85 crore.
In her income tax return, the woman reported this amount as long-term capital gains. However, the Income Tax Department objected, claiming that the payment was linked to the transfer of property and should therefore be taxed under Section 50C of the Income Tax Act. The department recalculated the capital gains based on a property stamp value of ₹3.51 crore and issued a fresh tax notice.
ITAT’s Verdict
Challenging the tax department’s decision, the woman approached the ITAT. After reviewing the case, the tribunal ruled that Section 50C applies only when there is an actual transfer of land or building. In this situation, no such transfer had occurred — the payment made by the builder was purely compensation for the delay.
The tribunal observed that the amount could not be classified as income from the sale or transfer of property. Instead, it represented a payment similar to interest for the time delay. Therefore, it should be categorized as interest income, not capital gains.
ITAT also criticized the tax officers for exceeding their jurisdiction and incorrectly interpreting the law. The tribunal further noted that a similar ruling had already been issued in the case of the woman’s husband, where it was established that Section 50C was not applicable since the ownership of the land had not been transferred. The department had not contested that earlier decision either.
Expert Opinions on the Ruling
Tax professionals have welcomed this ruling, calling it a landmark decision that clarifies a long-standing issue for property owners and investors.
According to tax consultant Manish Garg, Section 50C can be invoked only when there is a sale or transfer of property. “In this case, the builder merely paid compensation for the delay, which is in the nature of interest, not sale proceeds,” he explained.
How to Report Such Income in ITR
Experts suggest that compensation received for delayed possession should be reported as interest income, not capital gains. It can be declared under the ‘Other Sources’ or ‘Interest Income’ section of ITR-2 or ITR-3 forms.
If the compensation amount exceeds ₹50,000, the buyer must also disclose the Tax Deducted at Source (TDS) details, as builders usually deduct TDS before making such payments.
Impact of the Decision
This judgment is expected to provide clarity and relief to thousands of homebuyers who receive compensation from builders for project delays but are unsure about how to declare it in their income tax returns.
By confirming that such payments are not connected to the sale or transfer of property, the ITAT has removed ambiguity and potential tax disputes. The decision ensures that homebuyers will not be wrongly taxed under the capital gains provision for receiving compensation — a move widely seen as a fair and rational interpretation of the law.
With this ruling, the ITAT has set a strong precedent for similar cases nationwide, safeguarding the interests of homebuyers and reinforcing the principle that delay compensations are akin to interest, not profits from property sales.
