Date of acquisition

Tax queries 828 views 9 replies

Dear friends,

if a person i.e husband acquires some property in year 1976 and after that transfer 50% of his share in his wife's name in year 2001 under some scheme of administration where, without consideration a person can transfer his/her immoveable property to his/her relatives, and subsequently wife sells her share which she got in 2001 for specific consideration.

My question is :-What would be the date of acquisition for computation of capital gain on such property?

Waiting for your worthy response

Thanks in advance..

Sanjeev Kalra

 

Replies (9)

     you shuold take date of acquisation on 1/4/1981 and cost of acquisation will be fair market value on 1/4/1981 or original cost which ever is higher................and indexation will be done from 2001 to the year of sale.( may be 2008 since you dont give date of sale)

The cost of acquisition for the purpose of capital gains in this case would be fair market value as on 01.04.1981. For this purpose refer to section 49 and its explanation under The Income Tax Act,1961.

i purly agree with u'rs the suggesions,

but there is one dough,

whether it involve any clubbing provison ?

Originally posted by :Ameet
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no there will be no clubbing
 

Originally posted by :Md.Mosharraf Ali Raza
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Originally posted by :Ameet


"
 
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no there will be no clubbing
 
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I agree with Raza..

There will be no clubbing because the transfer is under a scheme of administration.
 

i think clubbing will be attracted since its transferred without any consideration . Otherwise, whenever any one wants to sell any property in india, they  will start transferring properties without consideration to their spouse under some scheme of administration to reduce tax liability .

regarding cost of acquisition i think the cost has to be taken as zero cos sec 49 no where specifically states scheme of administration. I think it will be deemed to be a gift (cos consideration is not paid ) and hence wont be regarded as transfer at all under sec 47

only an attempt has been made to solve the query it should be noted that Senior opinion is  needed .

 

 

I agree with the rajeev & the clubbing will be atttracted u/s Sec. 64(1)(iv)

again issues of this type require the opinion of senior person.

Thanks,

sunil

u can also visit the section 64(1)(iv) on https://www.indiataxes.com/Information/incometax/contents/clubbingofincome/clubb_total_inc.htm

thanks

sunil

 


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