Mother gifted his plot to his major son on Dt.01-10-2016. Immediately on 05-10-2016 son sold the same property. Now the capital gain tax is payable by son or mother.kindly clarity.
5 Replies
learner
(nil)
(243 Points)
Replied 22 October 2016
It will be paid by u sir, there is no question of clubbing.
CA Harshal Totla
(Chartered Accountant)
(2229 Points)
Replied 22 October 2016
Clubbing will not come into play in this case.
'Transfer' of a capital asset to a relative defined under Income Tax act is exempt in the hands of person transferring such property. Further, any gains arising on subsequent transfer of such property by the person to whom such capital asset was transferred, is liable to capital gains tax. Cost to the 'previous owner' shall be the cost of acquisition for him.(As per Bombay High court decision in CIT v. Manjula J. Shah). Consideration shall be the actual consideration received subject to the provisons of section 50C.
Regards
'Transfer' of a capital asset to a relative defined under Income Tax act is exempt in the hands of person transferring such property. Further, any gains arising on subsequent transfer of such property by the person to whom such capital asset was transferred, is liable to capital gains tax. Cost to the 'previous owner' shall be the cost of acquisition for him.(As per Bombay High court decision in CIT v. Manjula J. Shah). Consideration shall be the actual consideration received subject to the provisons of section 50C.
Regards
ARUN SUNDAR.S
(OFFICER-ACCOUNTS)
(21 Points)
Replied 22 October 2016
I have lot of clarification in WCT. if any one has FAQ kind of thing pls share.
Vaishnavi Ganesh
(Chartered Accountant)
(861 Points)
Replied 25 October 2016
It's a question of Transfer and not clubbing of income.
The tax will be payable in the hands son - the period of holding by the previous owner will also be considered for determining the asset as long term capital asset and benefit of indexation available. ( the year of purchase by mother will be taken) - Manjula j Shah vs CIT
Vishal Goel
(Chartered Accountant)
(1688 Points)
Replied 27 October 2016
Hello
Yes Clubbing provision wont apply in this case..
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