Capital gain account issue

Tax queries 232 views 7 replies

My wife sold vacant land  in two parts to different purchasers  by two separate sale deeds on same day for 39 Lakh and 25Lakhs.in 02May 2019.  No TDS of 1% was cut in either case.   

The property was originaly alloted by Society for 2Lakhs in April 2001.

We have opened captial gain account and deposited 64 lakhs  20 July 2019.

We are looking for new property to purchase for 1.5 cr.  utilising 64 Lakhs from wife captial gain and remaining from my retirement benefits and savings.

During withdrawal do we need NOC from Income tax Assesing officer. Bank say just FORM4 is sufficient and they will issue DD on seller name. 

I am aware my wife need to  submit the ITR return  by July 2020 with   detail of capiital gain and exemptions u/s54 .

Any procedure did I missed.

Also please mention about legal validiy  and care to be taken in advace.

VIJAYA KUAMR GS

Replies (7)

No need of any permission from ITD, but withdrawal form is to be filled for banks record.

No other legal formalities, except TDS deduction for new purchased property from both of you.

Many Thanks for quick reply.

Since   sale of property  by separate sale deeds to different persons on same day for 39L and 25 lakhs. and NO TDS  cut is done by any of purchaser.  Will this cause any issue since  combined sale value is 64 Lakhs which is kept  fully in Capital gain account schme without  considering any reduction based on  cost of indexation.

Thanks in advance

VIJAYAKUMAR GS 

Being sale of plot, exemption can be claimed u/s. 54F.

So, to get 100% exemption, you should invest total sale proceeds (without indexation of COA) or more. Indexation is helpful to arrive at LTCG and its tax liability.

TDS liability doesn't arise over any of the buyers.

Thank you very much sir,

 

I am retired central govt employee. Retired in Jun2017. Now I am working as Technical consultant at the same office. During FY 2018-19  I got Rs 9 Lakh pension u/s 192, Rs 10 lakh u/s 194A  for interest on FD in bank,  Rs 4 Lakh  Honorarium for Technical consultancy   u/s 194J. . TDS 0f 10 % is cut on Technical consutancy and Bank FD.

My friend suggested to file ITR4 - 44ADA   to claim 50% reduction on honorarium How do I file return for 194J to get any exemption on Technical consultancy income.

Is this valid

with  request for suggestion

vijayakumar

 

Yes, it is legally correct. You can file ITR4 with consultancy income u/s. 44ADA, and can get max. 50% deduction as expenditure of the business.

My wife sold vacant land in two parts to different purchasers by two separate sale deeds on same day 02May 2019 for 39 Lakh and 25Lakhs. No TDS of 1% was cut in either case. The property was originaly allotted by Society for 1.7 Lakhs in April 2001. We have opened capital gain account and deposited 64 lakhs 20 July 2019. We  have purchased a one residential unit ( which is one unit out of four unit building) for 1.48 crores  utilising 64 Lakhs full sale consideration from wife captial gain and remaining from my retirement benefits and savings. Capital gain amount deposited in IDBI bank was withdrawn along with interest 64,91,000 by DD and paid to the builder.

Now I need to file ITR-2   by June 2020 to claim exemption on capital gain of my wife land sale.

Can I do my self and need to get help of  CA.

Request your help

Vijayakumar GS  

Read more at: https://www.caclubindia.com/forum/capital-gain-account-issue-521635.asp
 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register