Capital gain tax

Tax planning 657 views 7 replies

DEAR SIRS, I want to clear my case here: My uncle sold N.A land of Rs.6 crores as on 27 june,2011.He had neither paid capital gain tax nor filed income tax return u/s139 within due date. He also failed to re- invest money in residential property.and not deposited money in capital Gain account scheme. Now IT department have sent notice u/s 133(6) requiring to produce the information. The only way to claim exemption U/s 54F is that he must purchase plot of land and construct a house within 4 months( i.e. 3 years from the date of transfer of property) LAST DATE 27/06/2014. So as per law the taxpayer shall made deposit before furnishing the return of income or due date of furnishing the return of income u/s139(1) i.e. 31 july,2012 whichever is earlier. I am still confused IS IT MANDATORY TO DEPOSIT MONEY IN CGAS SCHEME?

CAN MY UNCLE CLAIM EXEMPTION U/S54 F DURING REMAINING PERIOD OF 4 MONTHS EVENTHOUGH HE FAILS TO PARK MONEY IN CGAS?

Replies (7)

To get the exemption u/s 54F, one of the conditions is that the net consideration should be put in CGAS if not used by return filing due date. (31/7/12) So your uncle cannot get exemption now.

I am sorry to say that you can neither deposit in CGAS nor you can take benefit of any exemption..  I dont think there is any option left with you legally... now you have to reply notice ...

Your uncle should have consulted you. You, as a CA, could have guided him correctly. Difficult situation for your uncle. The AO might treat the gains as fully taxable.

I have another opinoin  of Guawahati highcourt as mentioned below:

There are judgments wherein similar questions were observed by Hon’ble Gauhati High Court
(in CIT v. Rajesh Kumar Jalan (2006)) and ITAT Bangalore (in Shri Nipun Mehrotra v. ACIT)(2008)), favored the assessee and allowed the exemption wherein the amount was not
deposited in capital gain account within the prescribed time limit. However, in similar
situation, Hon’ble ITAT Delhi (in Taran Birsingh Sahni (2006)) took the contrarily view and
disallowed the claim of the assessee

In my case the procedural lapses are due to lack of knowledge.All assesses are illiterate(one is unsound mind) ,,,even they are not concerned about tax ,,they asks why should we pay tax to government since land belongs to them ..they don't understand law and not ready to pay tax.

 

MY AIM IS

Think Different, Think Out of Box

SIR,

IGNORANCE OF LAW IS NOT AN EXCUSE.

LAW IS LAW , YOU CAN'T SAY TO THE GOVT. THAT AS YOU DON'T KNOW THE LAW , YOU DIDN'T PAY THE TAX.

I DON'T THINK THAT YOU HAVE ANY OPTION REGARDING THIS .YOU MAY NEED TO PAY THE TAX IF THE A.O. DEMANDS

Mr.Sukham Arora, I am agree with you, but want to know better opinion. so I have put above query.

 

Thanks all of u who have given time to my query


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