a capital asset being land and building was registered as a sale deed into the name of my brother on March 2016 for 89 lakhs. the cheques issued by brother is uncleared even by till date. later, on June 2017, the same property was registered into the name of some one for 1.8 crore. those cheques were also unrealized till date.
actually, he has been framed for a transaction and it is a sham transaction. now, department has issued 148A notice regarding sale of a capital asset for 1.8 crore.
how can we explain the matter to A.O and how can we justify it is not a transfer...
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Transfer of capital asset or not.
Replies (4)
Quick Summary
But why the transaction is taken place???
Hlo sir, actually it was a disrupted property. and the transaction has been entered just to create another 2 link documents. so, my brother was just went there and signed and received 50k for doing that.
Sir in that case meet with some CA physically , contact telephonically because such type of situation needs to be handle through thorough knowledge of transaction.
You can contact me also, I will DM you my contact details.
You can contact me also, I will DM you my contact details.
Property registered in a brother's name:
• If land and building were registered by sale deed in your brother's name (March, date truncated), legally the owner is your brother. If you paid the consideration, it's a gift to your brother (siblings are relatives: exempt for him). Or it may be benami: Benami Act exceptions include property held in a sibling's name where the individual appears as joint owner and pays from known sources. If the property is solely in the brother's name, it's not covered by that exception.
• Income-tax: the brother owns it for tax purposes (rental income, capital gains on sale are his).
• If you want to be treated as owner, the registered title must be in your name.
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