Capital Gain


This query is : Open 

24 August 2009


An assesse defaulters with the bank having mortgaged property is auctioned by lender institution and has capital gain not realised but adjusted towards dues of the defaulter with lender. Taxability in the hands of defaulter assesse in view of the fact that consideration has not been realised to the assesse and no other source to pay taxes.

25 August 2009 It is a tranfer and capital gain will arise thus tax shall be levied

25 August 2009 An assesse defaulters with the bank having mortgaged property is auctioned by lender institution and has capital gain not realised but adjusted towards dues of the defaulter with lender. Taxability in the hands of defaulter assesse in view of the fact that consideration has not been realised to the assesse and no other source to pay taxes.


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