I sold my apartment before possession. Since the apartment wasn’t registered, we transferred the ownership with the builder. The buyer did not pay any stamp-duty. The income tax form, please advise the tax treatment for this, from capital gains point of view.
The taxability of the capital gains will depend on the time gap between the date of booking of the property and the date of agreement to transfer the rights of the property. If it is less than or equal to 24 months then it is Short Term and gain will be taxed at slab rate. If it is > 24 months then it is Long Term and taxed at 20% with Indexation.
Read more about Sale of Property before Possession here.