I'm Govt. servant, whether I can show sale of inherited immovable property as business instead of CG
This query is : Open
17 May 2022
Dear Sir,
I am a Govt. servant & I have sold immovable properties in multiple parts which were inherited to me by my mother after her death, earlier which had been shown by her in her ITRs as a business income u/s 44AD. I want to show the sale proceeds arising out of sale of immovable properties as a business income instead of showing it as capital gain but showing it as business income instead of capital gain does not have any impact on my Govt. job & this activity is also not that kind of business which involves purchase & sale with the intention of earning profits since these immovable properties had not been purchased by me, these were inherited to me after the death of my mother and I am left with no option rather than selling it.
Kindly help me in this matter whether I can show this as business income instead of capital gain without having any impact on my Govt. job.
I am a Govt. servant & I have sold immovable properties in multiple parts which were inherited to me by my mother after her death, earlier which had been shown by her in her ITRs as a business income u/s 44AD. I want to show the sale proceeds arising out of sale of immovable properties as a business income instead of showing it as capital gain but showing it as business income instead of capital gain does not have any impact on my Govt. job & this activity is also not that kind of business which involves purchase & sale with the intention of earning profits since these immovable properties had not been purchased by me, these were inherited to me after the death of my mother and I am left with no option rather than selling it.
Kindly help me in this matter whether I can show this as business income instead of capital gain without having any impact on my Govt. job.
CA Rashmi Gandhi
(Expert)
17 May 2022
No you can't. The only case you can show such income as business income is that you have convert the inherited house as commercial, plotting done for such land and thereafter you will all such plots.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Accounting treatment of AMC alongwith the purchase of Laptop
- Condonation Request sec 119(2) b -Enhancement Limit of Leave Exemption prior to AY 2023
- Unable to File TDS Q2 Return – New TRACES Portal Error
- Transfer of Physical Stock Between Two Proprietorship Concerns
- GST Treatment of Purchases with GST Paid where Outward Supplies of Manufactured CattleFeed Exempt
- Not ordinarily resident having partnership income in India and salary in USA is any form to filed be
- EPF ECR NEW RULES Sep 17th 2026
- Issuing of delivery challan by seller of goods
- Taxation of crypto futures in India Fy 2026- 2027
- Expert Help Required for TDS Refund 100000 Through TRACES – AY 2022–23
- IMPORT PURCHASE ENTRY PASSED IN BOOKS OF ACCOUNT
- FAST DS 26 Undisclosed Foreign Asset Disclosure Scheme 2026
- Regime change
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
