Can a Land Development Co op Bank be considered as Government Entity and hence no capital Gain Tax ?

Tax queries 159 views 5 replies

A District Land Co Operative Bank has sold its immovable property during the course of liquidation. The sale took place through "Department of Investment and Public Asset Management under Ministry of Finance". Sale proceeds were collected by them initially and subsequently transferred to the bank account of LDB to pay their liabilities. sine there has been a substantial gain in this sale, do we need to work out capital gain and pay tax accordingly? Can we consider this LDB Bank as Government entity? And if yes, is there no tax libility?

Replies (5)
It's a capital profit. it will be transferred to capital reserve. Mat profit to be considered here.

On my further discussions with other professionsl colleague, there is one ore angle to the said issue. Since this building was being shown as business asset, profit on sale would be considered as part of Profit and Loss account and the said LDB bank being a credit co operative society, is eligible for deduction under 80P and hence no tax liability.

What is your opinion on this?

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If the LDB is considered a government entity, it may be exempt from certain taxes, including capital gains tax, depending on the specific tax laws and regulations in your jurisdiction. However, this can vary widely from one location to another, and it may also depend on the purpose of the sale and how the funds are utilized.

Earlier I was little bit confused. Now it is very much clear that it is not government department. it is a co operative society. It has gone into liquidation and proceeds are to be used for repayment of its liabilities. Immovable property has been sold for that purpose only. Government department was involved only for sale process.

Being a co operative society and the asset being a business asset, the surplus is a business profit and  I presume it can avail benefit under section 80P and save on tax.

your views / comments please


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