06 March 2020
One of my Client is engaged in lodging business, its apartnership firm.The lodging is done in a family property which belong to six persons of whom two are partners in the above firm. The capital expenditure done to the property is accounted in books of partnership firm as and when th expenditure is incurred , but not the initial value
Now the joint owners are arriving at an agreement and property is coming to the hands of one person..Please advise whether capital gain should be taxed in individual hands or to be taxed as short term capital gain in business
06 March 2020
1. Your query is silent about the consideration to be payable to the firm against the capital expenditure incurred by the firm for attaining enduring benefits. The firm is liable for capital gains, in respect of such CE. 2. Subject to above , the capital gains will be taxed in the hands of the individual owners of the property by considering the initial value as Cost of acquisition (Indexation has to be done for computing Capital Gains.
07 March 2020
As such no specific sum is decided on as to be payable to form against capital expenditure since the firm will continue lodging business in that property only
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