Taxability in the case of wife's income deposited in husband

Tax queries 307 views 3 replies

Following querries have many Mistakes and some were very big on the assessee's part, but whatever has been done can't be undone, so please help in the context of legality of the Case. 

 

Mr. X is retired senior citizen, and has around 4,40,000 intrest income, for which he has filed the return for the AY 2013-14, now Mr. X has deposited in bank Rs. 6,60,000/- by cash received by the sale of 2 plots. These plots were in the name of sister and wife, 

Plot A purchased in the year 1985 @ 30,000 in the name of his wife Y and sold for 3,60,500

Plot B purchased in the year 1985 @ 27,000 in the name of his sister z and sold for 3,00,000

 

Now Mr. X wants to file revised return, Please advice in followings

  1. Does Capital Gain arised from the transaction will be clubbed in Mr. X's income? 
  2. what will be penalties if any for depositing and transacting in cash for 6,60,500 ?
  3. Mrs. Y is getting pension around 2,40,000 and has 80,000 intrest income and has invested 1 lac in PPF. what will be tax liability for the Mrs. Y? is there any gift deed to be prepared.
  4. Since Mrs. Z has nothing to claim on her property income, what will be tax liablity for Mr. X for the Mrs. Z's property?
  5. Please advice if any other things can be done in this case.

Thanks in advance

Replies (3)

My comments are given below:

1. The capital gain will not be clubbed in Mr.X as the property is in the name of Mrs. Y and Mrs.Z.

2. There will be no penalties for depositing cash and transacting in cash as long as you can prove the source of income.

3.Other than pension and interest income , capital gain will also have to be worked out for Mrs. Y.

4. Mrs. Z has to file income under capital gain and not Mr. X.

Thanks for your reply.

In no. 2, What will be legal situation, if all the money for Land sale has been accepted in cash?

Dear Raship,

There are no provision in the Income Tax Act, wherein reciept of sale proceeds in cash is penalized. Even payments in cash is penaalized by way of disallowance in expense while calulating profits or gains in business or profession. Only penalizing provisions are there for loans given and taken in cash.


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