Mr. Asif bought a vacant land for 80 lakhs in March 2005. Registration and other expenses were 10% of the cost of land. He constructed a residential…
CA Intermediate · Taxation · MTP · January 2025
Mr. Asif bought a vacant land for 80 lakhs in March 2005. Registration and other expenses were 10% of the cost of land. He constructed a residential building on the said land for 100 lakhs during the financial year 2006-07. He entered into an agreement for sale of the above said residential house with Mr. Hari (not a relative) in July 2023. The sale consideration was fixed at 600 lakhs and on the date of agreement, Mr. Asif received 20 lakhs as advance in cash. The stamp duty value on that date was 620 lakhs. The sale deed was executed and registered on 10-2-2024 for the agreed consideration. However, the State stamp valuation authority had revised the values, hence, the value of property for stamp duty purposes was 670 lakhs. Mr. Asif paid 1% as brokerage on sale consideration received. Subsequent to sale, Mr. Asif made investments in NHAI bond:45 lakhs on 29-5-2024 and 15 lakhs on 12-7-2024. Compute the Capital Gain chargeable to tax for A.Y. 2024-25. Cost Inflation Index: F.Y. 2004-05 113 F.Y. 2006-07 122 F.Y. 2023-24 348
Suggested Answer and Working Notes:
Computation of income chargeable under the head "Capital Gains" for A.Y.2024-25 Particulars ₹ (in lakhs) ₹ (in lakhs) Capital Gains on sale of residential building Actual sale consideration 600lakhs Value adopted by Stamp Valuation Authority 670lakhs Full Value of Consideration 670.00 [In case the actual sale consideration declared by the assessee is less than the value adopted by the Stamp Valuation Authority for the purpose of charging stamp duty, then, the value adopted by the Stamp Valuation Authority shall be taken to be the full value of consideration as per section 50C. 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. However, where the stamp duty value does not exceed 110% of the sale consideration received or accruing as a result of the transfer, the consideration so received or accruing shall be deemed to be the full value of the consideration. In this case, since advance of 20lakh is paid by cash, stamp duty value of 620lakhs on the date of agreement cannot be adopted as the full value of consideration and stamp duty value on the date of registration would be considered. However, since stamp duty value on the date of registration exceeds 110% of the actual consideration, stamp duty value on the date of registration would be the full value of consideration] Less: Brokerage@1% of sale consideration (1% of 600lakhs) 6.00 Net Sale consideration 664.00 Less: Indexed cost of acquisition - Cost of vacant land,80 lakhs, plus registration and other expenses i.e.,8 lakhs, being 10% of cost of land [88lakhs × 348/113] 271.01 - Construction cost of residential building (100 lakhs x 348/122) 285.25 556.26 Long-term capital gains before exemption 107.74 Less: Exemption under section 54EC Amount deposited in capital gains bonds of NHAI within six months from the date of transfer (i.e., on or before 09.08.2024) would qualify for exemption, to the maximum extent of 50lakhs. 50.00 Therefore, in the present case, exemption can be availed only to the extent of 50lakh out of 60lakhs, even if the both the investments are made on or before 09.08.2024 (i.e., within six months from the date of transfer). Long Term Capital Gains [Since it was held for more than 24 months] 57.74
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...