Silly question on long term capital gains

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Guys a quick question: I own an apt in which I reside. I purchased a plot and constructing a house with my savings. I sold an empty plot owned by my mother because of which I need to invest 70 lacs appropriatly to save 20% tax. Can my mother buy my apt I am living in for 70 lacs. What ever little LTCG I incurr can be offset against house I am constructing. This way I will loose only around 5% as stamp duty instead of 20%. I can later return 70 lacs to my mother as it does not attract gift tax. Is this possible? If possible, it is like allowing section 54f for investment made in sons name, ofcourse at the loss of stamp duty. Am I missing something? Also I have a joint account with my mother. I am using at my will for my purposes by signing on checks or by wire transfer. Credits to this account are from mothers funds. I am doing this as there is no gift tax between us. Am I doing something wrong as AO can interpret! Thanks for replies....
Replies (4)

It can be done as Even it being your Mother & deal being Btwn Mother & Son but Both being adult Individuals & Deal being done for the Appropriate Consideration & the Requisite Stamp duty paid & Property being duly Registered & Transferred in the Name of Purchaser, It will be No Problem. Just dont haste to return the Money Back to your Mother Immd, but Defer the Return to next FY. It will be better. Reasons for such advice cannot be explained here as it is a bit detailed strategy.

Do agree with Ms. Sangeeta

Thanks Sangita and Goel for your replies. In my case I will not be returning money to my mother. Just was curious as one can get away by paying just stamp duty instead of LTCG, if transaction is done within family circle where there is no gift tax. Strange IT laws! How about my 2nd question. I am secoundary account holder with my mothers bank account having her money. I am signing checks to pay for house I am constructing and planning to buy a car too. I was thinking I can say it is gift from mother if questioned. Am I doing anything wrong?

Hello Mr. sunil

Refer the case laws on the below link,hope it will be helpul for your case

https://www.bcasonline.org/ContentType/Contentin.asp?5737

https://www.bcasonline.org/ContentType/Contentin.asp?10920

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