Controversial question on LTCG

Tax queries 956 views 5 replies

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

 

 

 

 


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