Income from other sources u/s 56(2)(X)(b)(B) of IT Act

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This query is : Resolved

k M Goyal (Querist)

20 December 2019 Dear Sir,
My Client is an individual, he has made an agreement to purchase/sale of a commercial shop with a builder, and details of the agreement are as following:
1. Paid 10% of purchase consideration as advance through account payee cheque on the date of above agreement.
2. Date of agreement was 1st October, 2015.
(Amount in Rs. per Sq. Feet)
Particulars Date (on) Purchase Price circle rate Valuation Officer

Agreement to purchase/sale 1st October, 2015 5000/- 7,000/- 5,200/-

Gifted 50% of his share to his son
(i.e. 5% of purchase consideration) 1st July, 2017 - 8,000/- 6,000/-

Balance 45% payment made to
builder by the individual 2018 & 2019

Balance 45% payment made to
builder by his son from their own sources 2018 & 2019

Registration of this shop was
executed in joint name 1st Nov, 2019 - 9,000/- 7,000/-

3. Purchase price was settled @ Rs. 5,000/- per Sq. feet.
4. Stamp duty value (circle rate) on 1st October, 2015 was Rs.7,000/- per sq. feet.
5. Value assessed by Valuation Officer on 1st October, 2015 was Rs.5,200/- per sq. feet.
6. He has gifted 50% of his share to his son on 1st July, 2017 (i.e. 5% of purchase consideration) & after completing the formalities, the builder enter the name of his son in the agreement. Now both names are appearing in the agreement.
7. Stamp duty value (circle rate) on 1st July, 2017 was Rs.8,000/- per sq. feet.
8. Value assessed by Valuation Officer on 1st July, 2017 was Rs.6,000/- per sq. feet.
9. Balance payment made to builder by the individual (45%) & by his son (45%) from their own sources in the year 2018 & 2019.
10. Registration of this shop was executed in joint name on 1st November, 2019 & circle rate on that date was Rs.9,000/- per sq. feet.
11. Value assessed by Valuation Officer on 1st November, 2019 (date of registry) was Rs.7,000/- per sq. feet.
Kindly advice whether any income chargeable to income-tax under the head Income from other sources or under any other head to the following persons for their 50% share each in the shop:
a. The Individual.
b. His son.
Regards,
Thanking in advance,
K M Goyal (FCA)
M No.: 9899799000