As section 45(5A) talks of deferment of capital gains to the year in which Completion Certificate is issued, whether the analogy laid down by the hon'ble Bombay High Court in CIT v. Manjula J. Shah's case (2016) 355 ITR 474 (Bom) should be applicable . In case of section 45(5A), though the provision calls for deferment of tax from the date of actual transfer, still no such specific provision is provided to clarify how the period of holding is to be computed. In the scenario, Whether indexation is only up to the date of transfer or up to the date…
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will capital gains tax be levied on redeveloped flat if construction is delayed to 5 years by developer from date of surrender of tenancy rights for no fault of the assessee.? if so, how to avoid it? does the additional carpet area given by the developer free of cost in the redeveloped flat incur any kind of tax or stamp duty ?
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Assessee is LLP engaged in the business of jewellery. The assessee has kept the non-moving items or the items which are displayed separately and the said stock is valued at cost in the year in which those were purchased. Out of the 5 partners, 3 partners have expressed their desire to retire from the LLP and continuing partners decided to admit 3 new partners in the LLP. The retiring partner will be paid an amount standing to their capital account as on the date of retirement i.e 30.09.2021. While working out the financials at the time of retirement, the non-…
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In October 2019, the assessee bought a property at a FMV as stated in a valuation report by a CBDT empaneled valuation officer who is also a valuation officer for the Honourable High Court of Calcutta. In the valuation report, it was stated that the Stamp duty value of the property would be about 5.55% higher than the FMV of the property. The assessee proceeded with the agreement of sale on the basis of the valuation FMV in October 2019 and registered the property in March 2020. The Assessing officer now intends to include the difference in Stamp Duty value…
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There is a Partnership Firm having three partners.The Net worth of the Firm is Rs. 100 Crores (considering Market value of Goodwill and Immovable Properties-whereas Net worth as per Books of Accounts is Rs. 50 Crores) as on 31-03-2022. A new Partner is admitted in the Firm on 1-4-2022 and he is given 25% Share of Profit in the Firm whereas existing partners Share is reduced. New Partner contributes Rs 25 Lacs in Firm as his Capital Contribution.Existing Partners are not given any Stock nor any Immovable Property nor any money over and above the balances appearing in their capital…
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There is a partnership firm having partners F (father), S1 (Elder son) and S2 (Younger son) carrying a hotel business. Each partner is having an equal ratio in firm (i.e. 1/3 each). On 01/04/2021 Partner S1 retired from the firm and his balance in capital A/c is transferred to Unsecured Loan A/c. Neither the excess payment of cash is made nor any immovable property is transferred to retiring partner. Remaining partners (i.e. F and S2) are now sharing an equal ratio in the reconstituted Partnership Firm. Query: Whether the section 9B and 45(4) are applicable in the given case?
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There is one partnership Firm WITH 2 PARTNERS. One of the partners died in the month of March 2022. Sharing ration was 50:50. They had one Shop in the books of account and were claiming depreciation on it, WDV 31.3.2021 47,360/-. Shop Acquired in the year 2001- 02 COA - INR 334470 /-. Now the firm is selling the shop for INR 12,44,000/- (fair value). The asset is not yet transferred. There will be STCG to the firm as per sec. 50 INR 11,96,640 ( 12,44,000 - 47360 ) My query is : 1. To save on the capital gains tax…
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Dear Sir, What if the spouse decides to put the sale consideration in Capital Gain Account Scheme and willing to purchase a residential property and don't want to pay the tax Please do solve my issue ???..
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Respected Sir, Can you share the judgement, wherein it has been held that - if the seller of immovable property is NRI, the buyer can deduct tax (TDS) on NET CAPITAL GAIN if the seller furnishes CA CERTIFICATE WITH CAPITAL GAIN WORKING.
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Assessee is private limited co , engaged in the business of construction and development of real estate project. the co hold two lands one is considered as stock in trade and another land is shown as investment which was purchased eight years bank. Now assessee co has decided to sold both the lands and accordingly executed the conveyance deed against the consideration to be received in form of constructed area after 24 months. The assesee co has also hand over the possession of the said land to the buyer of the land. consultant of the Purchaser is saying the tax…
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Sec. 45(5A)