Mr. Ashish entered into an agreement with Mr. Dhaval to sell his residential house located at Navi Mumbai on 16.08.2023 for 80,00,000. The sale…
CA Intermediate · Taxation · MTP · September 2024
Mr. Ashish entered into an agreement with Mr. Dhaval to sell his residential house located at Navi Mumbai on 16.08.2023 for 80,00,000. The sale proceeds was to be paid in the following manner; (i) 20% through account payee bank draft on the date of agreement. (ii) 60% on the date of the possession of the property. (iii) Balance after the completion of the registration of the title of the property. Mr. Dhaval was handed over the possession of the property on 15.12.2023 and the registration process was completed on 14.01.2024. He paid the sale proceeds as per the sale agreement. The value determined by the Stamp Duty Authority on 16.08.2023 was - 90,00,000 whereas on 14.01.2024 it was - 91,50,000. Mr. Ashish had acquired the property on 01.04.2001 for 20,00,000. After recovering the sale proceeds from Dhaval, he purchased another residential house property in Kanpur for 15,00,000. Compute the income under the head "Capital Gains" for the Assessment Year 2024-25. Cost Inflation Index for Financial Year(s) 2001-02 - 100 2023-24 - 348
Suggested Answer and Working Notes:
Computation of income chargeable under the head "Capital Gains" for A.Y. 2024-25 Particulars ₹ Capital Gains on sale of residential house Actual sale consideration 80 lakhs Value adopted by Stamp Valuation Authority 90 lakhs Full value of sale consideration [Higher of the above] 90,00,000 [As per section 50C, where the actual sale consideration is less than the value adopted by the Stamp Valuation Authority for the purpose of charging stamp duty, and such stamp duty value exceeds 110% of the actual sale consideration, then, the value adopted by the Stamp Valuation Authority shall be taken to be the full value of consideration. In a case where the date of agreement is different from the date of registration, stamp duty value on the date of agreement can be considered provided the whole or part of the consideration is paid by way of account payee cheque/bank draft or by way of ECS through bank account on or before the date of agreement. In this case, since 20% of 80lakhs is paid through account payee bank draft on the date of agreement, stamp duty value on the date of agreement can be adopted as the full value of consideration] Less: Indexed cost of acquisition of residential house [20lakhs x 348/100] 69,60,000 Long-term capital gains [Since the residential house property was held by Mr. Ashish for more than 24 months immediately preceding the date of its transfer] 20,40,000 Less: Exemption under section 54 15,00,000 The capital gain arising on transfer of a long-term residential property shall not be chargeable to tax to the extent such capital gain is invested in the purchase of one residential house property in India within one year before or two years after the date of transfer of original asset. Long term capital gains chargeable to tax 5,40,000
Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax
Related Questions in this Topic
- Who is liable to collect TCS (collection of tax at source) under section 52 of the CGST Act, 2017? Briefly explain the p...
- Answer the following questions, assuming that suppliers are registered under GST: (a) Bhagwati Roadlines is a registere...
- Determine the place of supply in each of the following independent circumstances: (i) Ms. Kavya, Delhi is a passenger t...
- Nakshatra Comforts Ltd. is engaged in providing various services in Delhi. It obtained registration under regular scheme...
- Stellar Orbit Appliances Pvt. Ltd., a registered person in Pune, Maharashtra, is engaged in supplying a bouquet of goods...