Anonymous
01 December 2018 at 07:42

Taxation on joint development of property

Hoping to get this best answered!!

Background:
We are in the process of getting our ancestral property which consists of land and building, promoted by 4 legal heirs.
We have approached a promoter who has offered to construct 6 flats in total , of which the promoter retains 2 and delivers the remaining 4 flats to the 4 legal heirs. Now the promoters pays a upfront cash component and rent for the period of construction.
Also understand that If one of the legal heirs delivers the right of his property , the property can be marketed by the promoter himself, so the promoter would market 3 flats instead of 2 in the above case.
We also have a licensed surveyor valuation certificate for the land and building as of 2001, for indexation purpose.

My Question is
..How is capital gains calculated in the following 3 scenarios if the legal heir decides to sell

1 Through the promoter-.( Promoter markets the legal heirs flat )
2 When the Legal heir decides to sell by himself, before completion certificate is obtained.
3 When the Legal heir decides to sell by himself ,immediately after the completion certificate is obtained and the flat is delivered.( Does this attract short term capital gains tax?)

Thanks



M S UMESH
01 December 2018 at 06:10

Loss from intra day trading.

For AY 2016-17, I have made a profit of Rs.2,00,000/- and suffered a loss of Rs.4,00,000/-, in all net loss of Rs.2,00,000/ on intra day share trading. I have filed before the AO, unaudited P&L Statement issued by my Broker .
AO is saying that he will impose tax on the profit component of Rs.2,00,000/- and will not recognise the loss of Rs.4,00,000/-. Is this correct? Can he selectively take only the profit portion and ignore the loss portion in the same P&L Statement?

Expert opinion is solicited.


sidambaraselvan

My client is intending to purchase a vacant land from his blood relative for Rs.80,00,000/-. He is paying through online transfer.

For this TDS is 1% i.e., 80,000/- has to be deducted and will be paid to income tax department.

My Query was -

1. May the seller can adjust this TDS amount of Rs.80,000/- towards Long term capital gain tax for the assessment year 2019 - 2020.

2. Which amount should be mentioned in the sale deed either Rs.80,00,000/- or Rs.79,20,000/- kindly clarify it.

3. Otherwise, May I mention Rs.80,00,000/- as sale consideration and give details about Rs.80,000/- as Rs.80,000/- has been deducted as TDS in the sale deed.

Kindly clarify


Mayank Berlia
30 November 2018 at 23:44

Huf taxed u/s 54

Property is held in name of karta. But shown in IT file of HUF as it is ancestral property. So when this property is sold in whose name cheque should be taken. personal name or full huf name. And in whose file should it be taxed?


sai sindura
30 November 2018 at 21:44

Trust

Sir, Trust has registered u/s 12AA but the due date for claiming the exemption u/s 11 is not available because the has not yet filed and so it has claimed exemption u/s 10(23c)(iiiad) as it is education institution as its main objects can it file so?? and While filling, do we require approval number. Please do solve as early as possible.


Altmas Khan
30 November 2018 at 18:25

Audit requirement

If an individual gets its account audited under section 44abIn year 16-17 and till now he didn’t file his itr pertaining to year 17-18 will he is under obligation for audit in 17 -18 also if no then will in 17-18 he can opt for presumptive basis as for preceding the year 16-17 for successive two years he opted for presumptive basis ?


Varinder Singh
30 November 2018 at 17:38

Gst on emi transaction

I had purchased a LED on EMI of 9 months on my credit card(zero interest and zero processing charges). The bank is charging me gst on interest part of the EMI. I have read that gst is not applicable on interest. Kindly clarify


Ramit Saxena
30 November 2018 at 17:32

Frequency of gst returns

We are are consultants who are paid commission from exporters. We have GST registration and we are charging and depositing GST at the required rate of 18%. In this case can we opt for quarterly returns? Or are we required to file returns every month? Our GST practitioner is charging us for filing returns every month. We want to know is it really needed?



Anonymous
30 November 2018 at 14:20

Gst on sales or transfer of vehicle

Dear All,

We are transferring or selling vehicle to employee form company to employee on basis of below calculation.
Original Asset value -7,99,997/-(Purchase Value of Company) , Sale Date on 01/09/2017 sales value on sale date is Rs.5,32,435/- (after depreciation) depreciation value up to sale date is Rs.2,67,562/-, but we are transferring to employee of Rs.4,92,000/-.

which value we have consider for GST calculation sales value or transferring value



Anonymous
30 November 2018 at 13:56

Urgent.......... eway bill issue

Dear Experts.
I do retail sale of cell phones some of the mobiles are above 50000/- per pcs. Pls tell me since for one mobile no one would hire the vehicle I mean No transportation is involved thereof. In this case whether e way bill is required or not,

Thanks
Vikas jain






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