Ltcg on settlement property

Tax queries 666 views 1 replies

Friends,

 

My Friend has received a capital asset being vacant land from his mother on March 2008 by way of settlement deed executed in his favour. This capital asset was acquired by his mom in the year 2005 for a lower consideration say X. But the settlement deed was executed for a higher consideration say Y. My doubt is whether the settlement would be considered as valid transfer and capital gains would be calculated in hand of son taking cost of acquisition as Y or cost to previous owner X (as no consideration was paid at time of settlement) or should it be taxed in hands of mother. 

 

Note: The sale deed for the capital asset sold in Fy 2013-14 has been executed between the son and the buyer.

Replies (1)

For certain cases the cost of acquisition of the asset shall be deemed to be cos for which the previous owner of the property acquired it .They are 

     on any distibution of asset on the total or partition of a HUF

     under a gift or will

     by succession , inheretance or devaluation

     on any distribution of asset on the liquidation of a company

     under a transfer to revocable or an irrevacable trust etc

As the property here was acquired from mom it is a case of succession , inheritance or devaluation. so for capital gain purpose cost of acqusition is the cost of  previous owner x.Moreover it is a valid transfer and it should not be taxed in the hands of mother...


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