Tax credit for sale of flat in 26AS as power of attorney

Tax queries 335 views 5 replies

Hi, we have given our land for development , developer has given power of Attorney to land owner ( my father ) ... Now builder has completed building and he sold one flat (his flat) for 51 lakh , since my father has power of attorney Registration done by using PAN of my father , transaction took place in November 2020 and entry reported in May 2021,  now when I am checking my father's 26AS annual information summary I can see entry of 51 lakh , since my father done Registration as a Attorney and not earn even single Rupee in this transaction , what should we do for tax credit entry in 26AS , we have not received any notice yet from IT department and not file IT return either since in 2020-21 my father income was only 150000...

 

1) Kindly assist what to be done now

2) and what to be done if in future IT department demand to pay capital gain tax or send Notice ??

Thanks 

Replies (5)
1. Since your father is a signing authority,hence the same is reported. However from tax perspective, it is the builder whose flat is sold so the capital gains would arise to the builder. Check The seller entity PAN number in Index 2 - it would be of the seller

2. No question of capital gains to owner. No question of claiming TDS either. You should keep a copy of that sale agreement with you to tackle Departmental notice.

Oh Sorry..that entry was not in 26AS but Annual Information statement (AIS) So there is no Index 2 also TDS section is blank ..

Oh great then. Query solved.

Not good .. my father's PAN was clean till now but now IT department will have close look since huge transaction amount is attached with PAN 

Hi,

Message came on mobile from IT department to reply for above transaction in compliance portal , for Feedback i have only below option

1) transfer not in the nature of sale 2) information is not fully correct 3) information related to other pan/year 4) information is duplicate/included in other information 5) information is correct 6) sale of rural agriculture land 7) information is denied .........please help which option to chose and how to reply, how i can tell IT department that in above transaction my father has registered property as power of attorney  ...

 

 


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