Controversial question on LTCG

One of my clients had purchased a shop for Rs. 150000 in F.Y. 1998-99. Through over sight the investment made in the shop was not recorded in the Balance Sheet. Now during the F.Y. 2008-09 he wants to sale the same for Rs.450000 (the value prescribed by Stamp Duty Authority).Now he wishes to show this transaction in the books of accounts. Since investment was made in 1998-99, in the year 2008-09 it cannot be reopened for any assessment as 6 years has passed since year 1998-99.

Now my questions are:

1. Does he liable to pay tax on L.T.C.G. of Rs.201282 (450000-248718 being indexed cost of acquisition)?

2. Will entire Sale Value of Rs.450000 will be liable to tax in the year of sale i.e. F.Y. 2008-09?If yes how?

Kindly opine with remedy

 

 

Replies (5)

Was the Investment made in Cash in the relevant FY of Purchase..because as you are saying through oversight..it means payment was not through the Bank..right..??

so if the investment was in cash..was there adequate cash balance appearing in the books..??

because this is a case of an undisclosed item

many things need a look in here

Why he want to show this transaction in the books of A/c. If he want to show it then surely he will be liable for the tax on capital gain.

Please be care full.

 

 

Due to undisclosed transaction the income tax dept will consider 450000 being ltcg with nil cost of acquisition.

On the contrary the assessee has to do some adjustment in the books to avail the benefits of cost of acquisition.

 

                    Though the invetment made was not recorded in books, was the case selected for scrutiny or Assessment ? 

Darsh*t, the sale transaction has to go under the table, again.

We cannot sale an asset which is not their in the balance sheet, right.

Receive the consideration in cash. Although there is a scapegoat, but it cannot be discussed online.

Piyush

 

 

 

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 04 September 2026
Accounts Executive

Hema Yashwanth & Associates

Chennai

B.Com

View Details
Company
17 August 2026
Chartered Accountant with US GAAP Experience

Austin Med Solutions Pvt Ltd

Bengaluru

CA

View Details
Company
08 September 2026
Semi-Qualified Assitant

Subrahmanyam & Sivudu CA Firm

Hyderabad

CA Inter

View Details
Company
08 September 2026
Audit Executive

Thammana & Associates

Srikakulam

B.Com

View Details
Company
14 August 2026
Article Assistant CA Articleship

Eshwar & Co Chartered Accountants - Nungambakkam

Chennai

CA Inter

View Details
Company
28 August 2026
Assistant Manager

NRS AND ASSOCIATES

Kozhikode

CA Inter

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 17 August 2026
Article Assistant

Jain Ankit and Co

Gurgaon

CA Inter

View Details