Section 194la


This query is : Resolved 

(Querist)
01 June 2013 IF COMPENSATION IS RECEIVED U/S 194LA I WANT TO KNOW INWHICH HEAD INCOME WILL BE COMPUTED AND HOW MUCH TDS WE CAN CLAIM DEDUCTED @ 10%

01 June 2013 Compute the income under the head 'capital gains'.

CA SANJAY (Querist)
01 June 2013 long term capital gains are exempt frm tax thn why huda authority deduct tax frm compensation

01 June 2013 income under the head capital fains.in case of revised compensation(more)-income from other sources.

CA SANJAY (Querist)
01 June 2013 is this capital gain will be exempt

01 June 2013 May i know who is the receiver?may be bit more detailed depending.

CA SANJAY (Querist)
01 June 2013 resident woman 60 years

01 June 2013 then TDS has to be deducted.Capital gain is taxable for resident woman.

CA SANJAY (Querist)
01 June 2013 it is not consideration than how can we compute capital gains on it

01 June 2013 Any consideration duly recd in the form compensation, has to be duly taxed under the head CG, in case of incremented consideration has to be taxable under the head income from other sources. pl. do specify, what form of consideration is it?

CA SANJAY (Querist)
01 June 2013 sir, it is incremented consideration and i want to know in this case can i claim full tds amount in any situation

01 June 2013 Yes, you can claim full TDS

01 June 2013 You can avail exemption from section 54D,as below,

That part of Capital Gain arising from Compulsory acquisition of Land , Building or any right is such Asset used by Assessee for 2 years for his own business, shall be Tax-FREE which is reinvested in purchase of another Land or Building or Right in Land or Building within 3 years of the acquisition.
The new Asset so acquired cannot be sold or transferred for a period of 3 years, otherwise old exempted Gain will be put to TAX.


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