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Ltgc - which year to consider as year of trasfer ?

Tax queries 426 views 3 replies

Hello Everyone , 

Brief facts :

1. Land given to developer for construction of flats during F.Y- 2004-2005 and 5 nos. flats alloted with                  distinct nos. during F.Y - 2004-2005.

2. Got the flats during F.Y- 2009-2010 and income shown under House Property .

3.  A.O. issues notice u/s 148 in Nov. 2014 for Income Escaped Assessment.( capital gain )

Now my queries are :

1. Which year to consider as year of transfer for capital gain ( no capital gain paid earlier ) ?

2. If we were to consider F.Y : 2004-05 as year of capital gain , whether A.O can issue notice u/s 148  during F.Y- 2014-2015 ( i,e after 7 years of relevent assessment year ) for Income Escaped Assessment.

I would appreciate if someone come forward to help me in finding solution to my queries .

Thank  you in anticipation.   

Replies (3)

Hi,

As per the drafted query there are I am able to draw the following:

Land sold (transferred) to developer and in consideration he gave 5 apartments.

In this case there are two transfers, firstly when land is sold and secondly when flats are purchased back.

In case I am wrong kindly explain your query once again as to the facts of the case.

 

PM or mail me 

Anubhav Jain

anubhavjain176 @ gmail.com

9868729930

Also house property income includes only rental income from let out property and not the capital gains.

In case of further query pm or mail me.

Anubhav Jain

anubhavjain176 @ gmail.com

9868729930

Hi Anubhav,

Your are absolutely right in  understanding the facts . Still I want to reiterate that the year he got physical possession of the flats ( F.Y- 2009-10 ) , he started to show rentral income under House Property Income. 

Thank you.

 

 


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