17 September 2009
Hello sir, Please clarify me in the following case: Mr. Rama is Mentally disorder. He was not an income tax assessee till now but for financial year 2009-10 he sold his property and got capital gain of Rs 5536200/- . But the problem is his sale proceeds is in the court asking him to get Capital gain calculation statement and asking him to pay tax.
My doubt is, Is he liable to pay tax on the capital gain?
17 September 2009
The capability of a person to enter into a contract is not a criterion for income tax liability. If a person, as defined in the Income tax Act 1961, has an income under any of the heads liable to inome tax then the provisions of the Income Tax Act will be applicable.
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