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Discussion > Income Tax > Efiling >

Capital Gains and subsequent receipt

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Article Assisitant

[ Scorecard : 330]
Posted On 11 July 2011 at 18:09 Report Abuse

One of my client's mother had an ancestoral property which was sold in Dec 2010 and the receipt from this sale was shared equally by my client and her sister and this amt was deposited to their bank account directly. I wanted to know how my client have to file the return and under which Head of income can she show the amt??



U S Sharma
glidor@gmail.com

[ Scorecard : 19276]
Posted On 11 July 2011 at 18:32

Its Long Term Capital Gain, and would be taxed after taking cost of indexation on fair value after 1981 deducted from sale proceeds.




Sunshine
Helping All

[ Scorecard : 10362]
Posted On 11 July 2011 at 18:34

if the property of of theoir mother and the receips have been tranferred to the accounts of client and sister,i think the capital gain will be filed in your client's mother's return ... 



rz's
TRAINEEE

[ Scorecard : 231]
Posted On 11 July 2011 at 18:42

yup sunshine is ryt...capital gain has to be filed in mother's return..

the sum recieved by your client wud be taxable if he/she has recieved it directly from the purchaser..

but if ur clients mother has transferred the amount it can be treated as gift and wud not be taxable...



U S Sharma
glidor@gmail.com

[ Scorecard : 19276]
Posted On 11 July 2011 at 18:44

funny that property sale proceeds are divided in bro and sis, but the query posting person did not bothered to mention that mother is alive or not 

 

this is the unique beauty in discussion seen on CCI only, where the members fight without any issue on half query itself                 :)



rz's
TRAINEEE

[ Scorecard : 231]
Posted On 11 July 2011 at 18:47

:) lolzz..thts ryt..



Suraj (Thirsty for KNOWLEDGE)
Article Assisitant

[ Scorecard : 330]
Posted On 11 July 2011 at 19:01

Ofcourse my client's mother is very much alive!!!!!!!!:)



U S Sharma
glidor@gmail.com

[ Scorecard : 19276]
Posted On 11 July 2011 at 19:03

if mother is alive then how did the bro and sis shared the sale proceeds? its the property of mother and only she can sale it, so the amount goes to her only............................

 

also the amount gone to bank directly of bro and sis, despite of mother alive? 



Sunshine
Helping All

[ Scorecard : 10362]
Posted On 11 July 2011 at 19:04

haha...my presumption was correct..mom is always there..:D



Suraj (Thirsty for KNOWLEDGE)
Article Assisitant

[ Scorecard : 330]
Posted On 11 July 2011 at 19:05

The prob here is whether the mother will have to file the return showing LTCG on full value of the consideration as the property is in her name(even though ancestoral property)????

Also, my client don't have any taxable income and whether she has to file the return showing this Income transferred by the mother as a gift or whether its enough for the mother to file the return???


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