Capital gain queries

Please help me on some of my queries:-

One of my client sold his property in December 2011 which was in his mother's name for 1.5 Cr. which was earlier purchased as on 1964 for Rs. 6K. He received sales consideration on his mothers name 50 lacs as on Dec 2011 and in his name 1 Cr. as on 07/07/2013 and Income tax return has not been filed by both of them and on Jan 2012 he purchased a flat of 42 lacs in joint name with his mother now my queries are :-

1)  In which year capital gain should be charged as the full consideration is received on 07/07/2013?

2) How exemption will be given as new flat is purchased in joint name ? Whether full exemption can be given to his mother?

3) Is there any tax liability arises on money transfer from mother to son?

Thanx in advance.

 

Replies (4)
1. As per charging sec tax will levied in the year of transfer.. 2. If mother has paid whole of the amount of purchased flat then she can claim full exemption.. 3. Try to treat as gift, so that no question arises..

Thanx ankit

But 2nd point is still not clear to me i think exemption should be given to both of them?

Assessee can take the exemption of full amount if the following condition are satisfied:- 1) He has invested full consideration 2) purchased a new property Note:- it is irrelevant that property is in his name or in other's family member's name. there is no any condition regarding ownership in sec 54. Delhi High Court has also decided in the case of CIT Vs kamal wahal (2013)351 ITR 4 (Delhi) , that assessee is entitled to claim exemption in respect of utilization of sale proceeds in the name of his wife.
so for exemption, u just see who has paid the amount to seller..

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