Transfer of property by one trust to another trust

ajay jain (partner) (67 Points)

12 March 2016  
QUERY Sir, A Trust X not registered u/s 12AA of the Income Tax Act . The Trust is running a College. Its having Land and Building and certain Liabilities. Now the Trustees decided that they are unable to run the College as well as the Trust. They decided to transfer its Property without consideration to another Trust created by some other Trustees having the same Objectives. So , the Property of Trust X i.e. Assets along with Liability are taken over by another Trust Y. The Trust Y is also not Registered u/s 12AA of the Act. They passed a Resolution in their Trust for doing the needful. Trust X donated its Land & Building etc. to the Trust Y without Consideration. Query 1. How to show the transaction in the Books of Trust X as well as in the Trust Y ? I think for Trust X, the same is Application of its Income for the same purpose by another Trust Y. And for Trust Y , its like a Corpus Fund for doing its objectives. The same be recorded at Re.1/- cost in the Books of Trust Y. 2. Whether the donation in kind will be converted into Rupee value ( Fair Market Value ) and the same will be treated as Income of the Trust? 3. What about Capital Gain Liability in the hands of Trust X? 4. What will be treatment of ownership of the Land and Building in the hands of Trust Y, if the same is not get Registered with the sub registrar with out paying the requisite Stamp Duty?