Query on capital gain

hello everyone,  

 

plz solve the following quary  on capital gain

 

indexed cost of property : 2,00,000/-

sale agreement for the above mentioned property50,00,000/- and received token money of5,00,000/-

 

after ten days token money forfeited by the seller because of non-execution of agreement

now tell me,

my revised cost is 2,00,000/- - 2,00,000/- = nil

 

but balance3,00,000/- ka kya hoga.... is it taxable or not ?

 

if  yes, in which head (and also refer the section or case name)

 

reply soon 

 

 

 

Replies (10)
the remaining amount is taxable...
hello sir, can u tell me in which head and reference of section

remember now there is no intension to sold out the property 

Originally posted by : lucky

hello everyone,  

 

plz solve the following quary  on capital gain

 

indexed cost of property : 2,00,000/-

sale agreement for the above mentioned property Rs. 50,00,000/- and received token money of Rs. 5,00,000/-

 

after ten days token money forfeited by the seller because of non-execution of agreement

now tell me,

my revised cost is 2,00,000/- - 2,00,000/- = nil

 

but balance Rs. 3,00,000/- ka kya hoga.... is it taxable or not ?

 

if  yes, in which head (and also refer the section or case name)

 

reply soon 

 

 

 

forefeiture amount is not your cost of property but it will be get taxed in "income from other sources" u cant set off the property cost from it . 

Yes Mr. U S Sharma is right

Dear Dheraj,

If any income arises from any other sources other than salary, BP, Capital Gain and HP Income should be taxable under the head of other sources and also allowed any expenditure against it to earn such income.
 

The whole Amt of 5,00,000 is Taxable as INCOME FROM OTHER SOURCES .

as your case advance money recd is more than indexed cost of acquisition200000/- so500000/- less200000/- and balance 300000/-  shall be capital receipt and not taxable [Travancore Rubber & Tea Co.Ltd v CIT (2000) 243 ITR 158 (SC)] SECTION 51 TREATMENT OF ADVANCE MONEY RECD

Originally posted by : vijay korgaonkar
as your case advance money recd is more than indexed cost of acquisition200000/- so500000/- less200000/- and balance 300000/-  shall be capital receipt and not taxable [Travancore Rubber & Tea Co.Ltd v CIT (2000) 243 ITR 158 (SC)] SECTION 51 TREATMENT OF ADVANCE MONEY RECD

read the query carefully sir 

advance is forefieted 

 

as your case advance money recd is more than indexed cost of acquisition200000/- so500000/- less200000/- and balance 300000/-  shall be capital receipt and not taxable [Travancore Rubber & Tea Co.Ltd v CIT (2000) 243 ITR 158 (SC)] SECTION 51 TREATMENT OF ADVANCE MONEY RECD


Originally posted by : vijay korgaonkar
as your case advance money recd is more than indexed cost of acquisition200000/- so500000/- less200000/- and balance 300000/-  shall be capital receipt and not taxable [Travancore Rubber & Tea Co.Ltd v CIT (2000) 243 ITR 158 (SC)] SECTION 51 TREATMENT OF ADVANCE MONEY RECD

MR. dheeraj , Vijay korgaonkar is 100% right.

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