Capital gain..incometax

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Q: Husband Mr.A has given a gift of house property to wife Mrs.B. on 19/06/2009 with registered gift deed. Later on wife Mrs.B has sold it on 19/01/2011.

Who is liable for Capital Gain Tax as per Income Tax Act.

Kindly give Ans. with suggested case law.... 

Replies (1)

Here, sec 56(2)(vii) does apply sisce the gift was made before 1/10/09. Moreover the gift was received from husband who falls under d defination of relatives. In this case the wife who has recvd d gift is liable to assess the capital gain. Cost of asquisition of the building shall be d cost in d the hand of husband n period of holding shall b d date since her husband was holding such asset.

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