Auditor of ES Group

A father and son bought a house property in Mumbai together in 2007. Now Son wants to gift his portion of ownership to Father. Whether capital gains will apply in this case?

After the gift Father wants to sell the property. Assuming that Son has gifted his ownership to his Father in 2023 and Father has sold the property in 2023 itself. Whether a portion of the sold property (i.e gifted by his Son) the Capital Gains would be short term capital gains or long term capital gains, and another portion of sold property owned by Father would be Long term Capital Gains. This may be clarified

The third query is since Son has transferred his part of ownership by gift in 2023, whether Cost Inflation Index would be reckoned from 2007 or 2023 in respect of the gifted ownership property


Bhupinder Bir Akali
05 May 2023 at 19:58

TDS Challan corrections

I had deposited the TDS online in Challan No 281 but I had mentioned the FINACIAL YEAR wrongly. This mistake I have already corrected on website of TRACES under OLTAS Challan Correction. Is it necessary for me to go to the AO now as the mistake has already been corrected on TRACES.


Daya
05 May 2023 at 18:15

Type of TDS certificate

what are type of TDS certificate and what is password to open TDS certificate.


Daya

under which section TDS not deducted if assesses provides form 15 G/15 H.


vijai guptapro badge

An immovable property was sold by x to persons as joint owners and the TDS was deducted u/s 194IA OF I.T. Act. under two different PAN of joint buyers each and reflected as such in 26AS. However Deptt. has allowed only the portion of tds deudcted related to one one joint holder( 1/2 of TDS claimed) giving reference to provisions of Rule 37AB The portal also confirms no mismatch of tds claimed and the data of 26AS.
Need a guidance as to what way rule 37A restricts the allowability of full amount of TDS deducted in Assesment.


Sachin Kumar
05 May 2023 at 13:58

Xxxxxxxxxxx

We are family of 3 brothers and mother. My father (expired in February 2017) purchased one flat in June 2016 and after death of father , 3 brothers gifted their portion to mother via gift deed and flat got transferred in my mothers name. My mother , 58 yrs , has sold a society flat in December 2022 for 35 lacs. Purchase Price was 20 lacs , stamp duty 1.4 Lacs , registration fees 10K. Long term capital gain is coming as Rs. 804356 (35 lacs - 21.50 lacs/264*331).

__the calculation of capital gain is correct ?

__ we want to save long term capital gain , basic exemption limit for FY 2022-23 is Rs. 2.5 Lakh , balance Rs 554356 if we invest in capital gain bond , the we will be able to save capital gain tax ?

__does capital gain is applicable in this case as flat got transferred in my mother name from father ?


Sachin Kumar

We are family of 3 brothers and mother.
My father (expired in February 2017) purchased one flat in June 2016 and after death of father , 3 brothers gifted their portion to mother via gift deed and flat got transferred in my mothers name.

My mother , 58 yrs , has sold a society flat in December 2022 for 35 lacs. Purchase Price was 20 lacs , stamp duty 1.4 Lacs , registration fees 10K. Long term capital gain is coming as Rs. 804356 (35 lacs - 21.50 lacs/264*331).

- the calculation of capital gain is correct ?

- we want to save capital gain tax , basic exemption limit for FY 2022-23 is Rs. 2.5 Lakh , balance Rs 554356 (804356 - 250000) if we invest in capital gain bond , the we will be able to save capital gain tax of 20% ?

- does capital gain is applicable in this case as flat got transferred in my mother name from father ?


chandra
05 May 2023 at 08:55

Refund in ITR

E-Filing site showing Restricted Refund for some people and for some Bank accounts. It is observed that some Bank account shows as Eligible For refund and for some showing as Restricted Refund..No KYC problem and account is also validated & EVC enabled.Can anybody advise.


Brijesh

We are running a professional firm. We have clients in different States. If we send any outsider professional on our behalf to other state for resolving our clients problem and we booked a flight ticket for that professional through our corporate credit card. So do we need to deduct and deposit tds 194r on flight ticket as the tickets is in the name of that professional.


Bhasker
04 May 2023 at 16:33

Section 148A Notice

How to respond to order under clause (d) of Section 148A of Income Tax Act,1961.






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