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Anil Agrawal (Retired)     08 August 2009

Concealment

 A husband bought a piece of land for Rs.20 lacs in 2001 and gifted it to his wife in 2003. Due to property boom, she sold it for Rs.4.53 crores. Whose liability it is to pay income tax? Will it be clubbed with the income of the husband or the wife has to pay capital gains?



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 4 Replies


(Guest)

 Mr. Anil did u shown balance sheet when u purchased that land?

When u gifted ur wife did she paid Wealth Tax?

if both question is yes or no then your wife may b get indexation of the said property and whatever value arise less sale value is taxable under long term capital gain tax

Anil Agrawal (Retired)     08 August 2009

 Thanks. I am advised that it is the liability of husband to pay tax on long term capital gain even though  he had gifted it to his wife. The view is that husband having gifted the property, it now the liability of the wife to pay long term capital gain. 

Husband showed it as purchase in his income tax return. Wife did not pay any wealth tax etc.

D.V.RamaKrishna (Advocate)     08 August 2009

Anil,

You have not stated whether the wife has any taxable source of income or not. Liability to pay income tax would depend on whether the wife has any taxable source of income individually or not. If the answer is in affirmative then the wife alone is responsible and liable to pay income tax on the net proceeds. If the answer is in negative then the income from net proceeds of sale of land of wife would be clubbed with the income of the husband and taxed accordangly.

It should be borne in mind that the amount mentioned in the sale deed would taken into consideration for arriving at tax liability.

if the wife is to be taxed then the cost of acquisition of land incurred by husband would be taken as cost of acquisition of land incurred by wife as on date of gift deed.

Anil Agrawal (Retired)     08 August 2009

 Tks. Wife has taxable income. Does Sec.64 apply in such cases?


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