X transfer a plot improved cost of purchase Rs. 10 Lac to his wife for Rs. 50,000 only. Can X claim Capital loss and set off against another capital gain(both are long Term)? If no, why???
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Quick Summary
This discussion explores whether an individual can claim a capital loss when transferring a property to their spouse for a significantly lower amount than its purchase cost. The core question revolves around whether such a transaction, when considered a gift due to inadequate consideration, qualifies for capital loss relief. It delves into the tax treatment, specifically if it's viewed as a sale with capital gains tax implications based on stamp duty valuation, and whether Section 47(iii) of the Income Tax Act affects this treatment.
1. It's treated as Gift in hands of wife as immovable property received for inadequate consideration. 2. It's Considered as sale of property in your hand and LTCG applicable with sale consideration as stamp duty value So, Stamp duty value less indexed cost is capital gain or loss, as the case may be