Short term capital gain query

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 Dear friends, One of my client have the following query which is related to short term capital gain (sale of plot/land) whose details are given below and tell me how much tax he should deposit now. 1. Booked Delhi Development Authority (DDA) plot in 1981 and paid Rs. 2000 As booking amount. 2.Take a loan in June 2018 of Rs. 540000 (by neft in my client saving accoun) from a company and paid the installments of plot of Rs. 540000 by neft to DDA (ownership or possession of plot received in June 2018) 3. Loan agreement doesn't contain any information regarding for which purpose loan of Rs. 540000 taken. 4. Plot sold in July 2018 for Rs. 1500000 as per sale agreement. (1500000 deposited in his bank account but circle rate price of property is 2250000) and 540000 loan repaid through neft. 5. Expenses incurred for plot till July 2018 100000 but no bills available. 6. Total 2223000 deposited in my client saving account in installments of different amount which is related to this plot only. So tell me how much tax my client have to pay now..? And whether the amount of Rs. 540000 is deductible as expenses or not as per income tax act...? Tax on short term capital gain..? What will be capital gain amount.?

 

Replies (4)
It is a short term capital gain
1500000-540000= 960000/-
Taxable at normal applicable tax rates.
Rs. 100000/- will not add in cost as no documentary proof.
your stcg would be
sale price (market value) - 2250000
less: cost - 540000
capital gain - 1710000
@ CA Sunil kumar Sir & Ram krishna sir, As per my knowledge and information if the housing loan is taken and repayment of housing loan is done before 5 years of purchasing plot or 5 years from taking loan the loan payment is disallowed. And it is added back to profit. Kindly check the link point no. 4/7 https://m.economictimes.com/slideshows/real-estate/six-things-about-home-loan-tax-incentives-you-didnt-know/loans-from-relatives-and-friends-is-eligible-for-tax-deduction/amp_slideshow/52400604.cms And sunil sir as I have mentioned above circle rate value of plot is 2250000 and actual receipt is 1500000 and as per section 50C of income tax actual sale value or circle rate value whichever is higher should be considered as sale and as per latest amendment if the difference between actual sale and circle rate value is less than 5% then actual sale value will be considered. otherwise circle value is considered as sale. Refer this link : https://www.hrblock.in/guides/section-50c/
CA Sunil kumar Sir & Ram krishna sir, As per my knowledge and information if the housing loan is taken and repayment of housing loan is done before 5 years of purchasing plot or 5 years from taking loan the loan payment is disallowed. And it is added back to profit. Kindly check the link point no. 4/7 

kind attn Mr. prajapati... the aforesaid condition applicable to only 80C that is if you sale the property purchased out of home loan on which you are claiming 80C deduction on principal repayment, then, the amount claimed as principal repayment under 80 c will be taken as your income in the previous year during which the property was sold

correct me if I'm wrong


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