Computation of capital gain in case of jointly held property and ITR filing.

Dear Experts,

Regarding the computation of capital gain on My client, A retired person, who is a pensioner, has not filed his income tax return for the financial year 2021-22. During this period, he sold a house property that he jointly owned with his wife, and in the same year, he bought a new house property in his name. However, his wife has already filed her return for FY 2021-22 without disclosing the sale transaction.

Now, my question is whether the retired person can show the full amount of the sale of the house property in his return filing, including his wife's share in the sale of the property, and claim a deduction under section 54 of the income tax act 1961.?

I would appreciate any help or guidance on this matter.

Thank you in advance.

Replies (4)
Quick Summary
This discussion addresses the correct way to compute capital gains when a jointly owned property is sold and a new one is purchased. The expert clarifies that only the proportionate share of the capital gain can be declared by each owner. If a spouse has already filed their return without disclosing the sale, filing an Income Tax Return (ITR-U) is recommended to rectify the mistake. The discussion also briefly touches upon the difference between job work bills and making charges.

No, only the proportionate capital gain can be shown. Rectify your mistake by filing ITR U.

In case of any further queries, kindly mail me at casoravgupta @ gmail.com

Thanks & Regards
CA. Sorav Gupta
(Practicing Chartered Accountant)

  

What is mean by Job work bills and making charges bill?? please give me a explanation 


how it's considered it's a expenses or what??? I need example





@ CA sorav Gupta sir please tell me

Generally, the Job work charges are charged for the work done on the goods of the other manufacturer/ person and making charges are charged for the work done on the own goods.

Ex- Mr. A is a jeweler. He prepared a necklace for his own customer and for another jeweler. Now, Mr. A will charge job work charges from the jeweler & making charges from his customer. 

In case of any further queries, kindly mail me at casoravgupta @ gmail.com

Thanks & Regards
CA. Sorav Gupta
(Practicing Chartered Accountant)

@ CA sorav Gupta sir thank you Soo much , please always guide me

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