Capital gain

if a son received payment on behalf of sale of his father's property and father didn't file his income tax return. so , can we include capital gain in son's income or we should have file father's itr compulsory?
Replies (4)
Quick Summary
This discussion explores the tax implications when a son receives payment for his father's property sale, while the father has not filed an income tax return. The core question is whether the capital gain should be declared as the son's income or if the father's Income Tax Return (ITR) must be filed. The consensus is that even if the son receives the funds, the capital gain legally belongs to the father as the beneficial owner, making his ITR compulsory under Indian tax law.

How can you file Income Tax return of a dead person atleast let him rest in Peace now!!
Please read the query whether i have mentioned anywhere that his father is dead.he is alive but ask the buyer of property to transfer sale consideration to his son's account.
I think we can include Family Income if the son is above 18 years of age. There is option to include Family Members Income in ITR.

Property is in the name of father and it is father who is the beneficial owner of the capital gain from the sale of property, not the son.

 

If father is alive, it is immaterial as to who receives the income , father 's itr is compulsary under indian income tax law.

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