This discussion seeks clarification on a property sale where the buyer proposes to pay only ₹30 lakh via Demand Draft (DD) as stated in the sale deed, with the remaining ₹40 lakh to be transferred via RTGS to various accounts, including relatives and friends. The seller is concerned about the legality and tax implications of this arrangement, specifically whether the ₹40 lakh will be considered 'white money' and if any IT issues might arise. The initial advice suggests the ₹40 lakh could be treated as a taxable gift to the recipients.
I am on a discussion with the buyer on the subject matter. Since even professionals opinions also got confused I wish to post this in this forum to have a clarification. The deed is for seventy lakh Indian Rupees. Seller is my wife (I have gifted the same to her) and the buyer is having some conditions as 30 lakhs will be shown in the sale deed and paid the same by DD. The balance amount will be transferred through RTGS either to my account or to those multiple accounts I wished to transfer.
Please let me know what the buyer meant by such transactions (on legal point of view) and how I could account this one? Whether the amount transferred (40 lakhs) through RTGS to those accounts (I preferred the amount to be transferred to some of my closed relatives/friends including my two daughters whichever is feasible) ALSO will be considered as legal/white money transactions since only 30L has been specified in the sale deed.
Please let me know what sort of legal/IT issues will arise on above deal and whether that 40 lakhs also been considered as white money transactions ? - in that case how could be deal this matter without such issues?