17 July 2023
Dear Sir, Person A has booked a property with builder for 82 L but did not register post possession. Now A wants to sell it to B for 1.6Cr. Since the property was not register there will be a tri-party agreement (between A, B and Builder) to transfer the property from A to B.
Builder will only register it to B for 82 L which is original price equal to circle rate.
A will get 1.6Cr all in white (less TDS 23.33 % since A is NRI) from B.
is it legal? will there be aby scrutiny by IT dept on the balance 1.6cr-82L for loss of revenue?
17 July 2023
Thanks Sir, but there has been numerous cases of sales like this in Karnataka and there has not been any issue to anyone, how is that possible. The Tri-party agreement b/w A, B and builder will is kind of re-assignment of the property from A to B which will state that A bought it for 82L and further selling it to B for 1.6 Cr.
Builder will register it for 82 L to B with no mention of A or the agreement.
18 July 2023
Thank you sir, I have got more details on the case. There are two agreements b/w builder and person A, Sale agreement and Construction agreement. when person A sells to B, there will again be two tri-party agreements stating the transfer of the assignee from A to B. Based on these two agreements builder will do the registry to B only on the land price (circle rates) not considering the construction cost. In this case will there be any IT issue for buyer B? Also any issue for further sale later on?
18 July 2023
IT issue on A getting 1.6cr . 18% GST on construction cost.
My suggestion is. Let A get document registered for 82L. And then B get document registered from A for 1.6cr. In this stamp duty fully paid. A will be paying capital gains tax. No problem from income tax or from registration people
CAclubindia
