Income from owner of shop, is this taxable?

554 views 1 replies

hello,

one tenant was paying rent of shop to the owner from last 40 years in gujarat.

in last year, owner collected rs. 6 lacs from tenant and purchased him a new shop of rs. 24 lacs.

and took the possession of his shop.

i want to ask that whether payment made by owner for purchase of shop is taxable in the hand of tenant or not???

 

you may also mail me answer at jkkojk @ gmail.com

Replies (1)

I think there is no tax liability.

This transaction is not covered by sec. 56(2)(vii) or (viia) as this is a case of Immovable Property and the same is acquired for inadequate consideration (not for without consideration). But Cost of Acquisition for the purpose of capital Gain in case of sale in future will be Rs. 6 lacs and not Rs. 24 lacs.

As far as old shop is concerned it was not at all Capital Asset in the hands of tenant and neither he had any right which can be regarded as capital asset within the meaning of sec. 2(14) of the act.

Just for the Academic Interest....

Tax Implication on the Owner....

1) There will be Capital Gain\Loss impact as he has transferred the property.

Full Value of Consideration will be Value as per Stamp Duty or amount recieved whichever is higher...

Less: Cost of Acquisition or Indexed Cost of Acquisition

Less: Cost of Improvement,if any

Less : Exp. on sale

2) One more important point is noticed here is that there is Cost of Improvement of Rs. 18 Lacs (24-6) on the existing property which he got vacated from tanent after sacrificing Rs. 18 lacs...

Let the other experts comment before u take up any further action....

Regards

 

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 18 July 2026
CA Articleship

apricus india

Mumbai

CA Inter

View Details
Company
29 June 2026
Accountant (Finance & Compliance)

TRIEYEZ

Kolkata

CA

View Details
Company
22 July 2026
Senior Chartered Accountant

SKSS

Patna

CA

View Details
Company
ARTICLESHIP 14 July 2026
Article Assistants

R Shyam and Associates

New Delhi

CA Final

View Details
Company
14 July 2026
Senior Executive/ Manager

H S SHARMA AND CO

Pune

CA Final

View Details
Company
ARTICLESHIP 23 July 2026
Article

Gianender & Associates

New Delhi

CA Inter

View Details
Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details
Company
23 July 2026
Semi qualified CA

Garg Bros & Associate CA

New Delhi

CA Inter

View Details