mutual Transfer of capital asset- will it attract C.G.TAX

karthikeyan.v (Chartered Accountant) (523 Points)

11 March 2010  

Dear friends

1. Transfer includes sale- A sale may be defined as a contract founded on money consideration by which the absolute or general property in the subject of sale is transfered from the sellet to buyer.

2. the essentials of a sale are

(1) Mutual agreement

(2) Competent parties

(3) A Money consideration

(4) A Transfer of absolute or general property from seller to buyer

 if any of these is missing then ther is no sale

now my question is when there is mutual transfer of assets between two persons, the value is fixed but no money is exchanged, will capital gain tax get attracted

karthi