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Income tax capital gain

Krishna (Manager - Genesis Tax Consultant) (531 Points)

21 July 2018

Dear Sir,

An individual got a power from the land lord and sold the land for 2 crore, he got a cheque and he deposited in the bank. Land lord has some debt to the Individual for an amount of 1.5 crore, now Individual decided to give the land lord 20 lakhs from the settlement received. Now Individual generated income of 30 lakhs from the sale of land.

Individual got a power from Land lord on Mar 2017 and sold the land in July 2018. Please confirm, if he reivest in any housing property he will not get any capital gain, but he hold the money with him he has to pay 20% tax on the Income generated, Am I right please confirm.

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6 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (169108 Points)
Replied 21 July 2018

Re-assess the transaction...........

Individual is just attorney.........

Landlord is the owner of the land......

For any specific reason the owner gave power to sell the land to his attorney....

Attorney sells the land on behalf of the owner........

Who earns gain?

Who is liable to pay tax ? Attorney or landowner?

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Krishna (Manager - Genesis Tax Consultant) (531 Points)
Replied 21 July 2018

Dear Sir,

Land lord earns gain and Land lord is liable to Tax.

Thank you sir I understood, here the Attorney acts as a mediator and if he generate income in this regard is a commission.

Krishna (Manager - Genesis Tax Consultant) (531 Points)
Replied 21 July 2018

Dear Sir,

I have a question, please clarify me, is my view is right or not?.

Attorney who received the Land sale settlement, can give the cheque to Land lord name. In this case Attorney is not required to pay any taxes, execpt the commission received from the Land lord for the sale of Land.