Querist :
Anonymous
(Querist) 05 June 2010
This query is : Resolved
Sir, There has been conflicting answers received for my query. I shall be thankful if you kind enough to clarify the following on the GIFT TAX
1. the original value of the shop purchased 5 yers ago is say 30 Lakhs 2. Present market value as per Circle rate is say 35 Lakhs 3 Now a sale deed was prepared at discounted price of Rs 5 Lakhs as it was sold at Rs 5 lakhs to "relative" (son of elder Brother) out of love and affection .
Kindly let me know whether the Income Tax is Payable at Rs 35 Lakhs by the Donee (Real nephew) OR An amount of 5 Lakhs is Taxable OR It is total tex free as it falls in the Gift Categories I shall be thankful if u kindly let me know the details and other precaution to be taken while preparaing the sale deed and gift deed
A V Vishal
(Expert) 05 June 2010
This is a clear transaction of sale, where did the element of gift crop up. Your query says "Now a sale deed was prepared at discounted price of Rs 5 Lakhs as it was sold at Rs 5 lakhs to "relative" ", where there is a sale deed then question of gifting does not arise.
Vineet
(Expert) 05 June 2010
Query replied in detail in seperate thread. Yes there is a gift element in the hands of Nephew but the same is exempt.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup