Capital gain

Hi

Need an expert opinion on Long Term Capital Gain Tax  Case

DATE OF TRANSFER :- 18 SEPTEMEBR 2013

1 Government Valuation              Rs.80,00,000/-

2. Actual Sale Consideration        Rs.80,00,000/-

3. Agent Commission

FACTS :

  1. Ancentral Agricultural Land (Original year of Purchase 1967)
  2. Non-Irregated in Last 2 Years
  3. Situates in Urban Area (within 8 k.m. from Manmad Nagar Palika & 10000+ Population)

Legal Heirs

Two Son’s and Mother

However one of the son who was already holding a residential house at the transfer of property acuired another residential house. Loan avails 20 lacs.cash paid 20.04 lacs

Can this capital gain tax be calculated in accordance sec 54 F or should i apply Sec 54 EC/54B

Replies (1)

I am assuming that the share of 1st son, 2nd son and mother in the sold property was 26.67 lakhs each.

One son who purchased a new house(already owing a house), He used 20.04 lakhs out of the net consideration received by property sale, so that much proportionate CG will be exempt.

[CG*20.04/26.67], remaining will be taxable.

You have to value the property as on 1/4/81 to find out the Indexed COA so that you can calculate CG.

Regarding the other co owners, They have to invest their sales consideration Sec 54 EC/54B
to get exemption.

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