Heads of income - urgent!!

Tax queries 1175 views 11 replies

In which head of income the following incomes of a property dealer should be taxable (selling & renting of property both are his main business)? Please correct me if I am wrong with satisfactory legal reasons.

i)          Rental income from property owned by him – Though property is held as stock in trade but income taxable u/h “House Property” u/s-28

ii)         Commission income from property given on rent on behalf of its owner – Income u/h “PGBP”

iii)        Sale of owned property – Income u/h “PGBP” as block of assets as it is held as stock in trade & thus cannot be taxed u/h “Capital Gains”

iv)        Commission income from sale of property on behalf of seller / owner - Income u/h “PGBP”

Replies (11)

Dear

If your asking this question from Income Tax Point of View then 

a) Renting - Correct - Under House Property

b) Commission received - Other Sources of Income- ( as this is Indirect Income and commssion is not the object of the businees in Property dealing - Sale & Purchase is the main object of Business) In Income Tax return also fill it in other source schedule.

c) Sale of Property- PGBP.

I Hope answer is clear to you

Regards    

@ stranger.... according to me you are correct on all four points... i would also like to add in point (iii) that CG will get attracted and taxable CG will be FMV/Book Value on date of conversion into stock less indexed cost of acquisition.

@ Manoj Mehta : Thanx for ur reply friend..but commission income is not indirect non-business income rather it is indirect supplementary business income & for taxability of income u/h "PGBP", there is no distinction made in law regarding the main business or supplementary to the main business. Can u refer me any case laws?

@  Tribhuvan Aditya Singh : thanx for ur reply.. but property held by the property delaler as stock in trade right from the very begginning..so there is no date of conversion..so capital gain/loss will arise not as per capital gain special rules u/h "CG" u/s-45(2) but as per block of assets rule u/h "PGBP" u/s-2(11) like in case block is empty u/s-50(2) & also in case block exists if sales consideration exceeds gross block value u/s-50(1) but if block exists & sales consideration is less than gross block value then there will be WDV for charging depreciation?? Am i correct sir?
 

@ stranger... in case you are dealing with purchase and sale of property then it cant be treated as fixed assets and it will be shown under "stock in trader" and hence prov. of depreciation will not be applicable.

Tribhuvan ji i got ur this point that block of assets will not be applicable as it is not fixed assets but stock in trade..but as u said earlier that it will be taxable as capital gain but how it's possible as stock in trade is not at all a capital asset u/s-2(14).. & moreover when we sale 'stock in trade' it results into business profit or loss..so don't u think business income (not capital gain) will be computed by deducting COA / indexed COA from sales consideration??

when a person introduces its own property as business stock, then profit between book value of property as stock and indexed cost of acquisition will be capital gain on date of sale.... and diff between sale value and book value of stock will be income of business.

k means for example: when the dealer intorduces property worth Rs.50 lakhs into busines ass stock in trade, & suppose its indexation cost after 3 years is Rs.80 lakhs & sale value is Rs.1 crore then capital gain = Rs.30 lakhs (indaxation value minus book value) & business income = 50 lakhs (sale value minus book value)..Am i right? Can u please refer the section tribhuvan ji?

nooo.... little mistake in understanding... suppose property A purchased in 2001 for 5 lakhs... now A is introduced in business in 2010 for 20 lakhs and then later in 2014 it is sold for 30 lakhs. then business income will be 10lakhs (30-20)... captial gain in 2014 will be (20-indexed coa till 2010)

k tribhuvan ji..but can u refer me the section please??

relevant section is section 45(2).


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