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Gagan ARora (Sm)     15 April 2013

Disclosure of income from sale of house property on gpa

I am interseted in selling property in an area where registry is not being done (unauthorized colony). The buyers and their broker are comfortable with Notarized GPA/Agreement to sell/Will method, knowing fully that registry is prohibited and these sales are not valid as per SC judgment.

 

The property is duly registered in my name

My question is: Can I declare the consideration as Income from Capital gain thru sale of house property for IT return.



Learning

 10 Replies

ajay sethi (lawyer)     15 April 2013

since your colony is unauthorised any sale agreement cannot be registered . as on date you are registered owner of said property . govt tends to regularise unauthorised colony . wait for regularisation then sell your property . you will get a better deal .if you are receiving consideration by cheque declare the same .

Gagan ARora (Sm)     15 April 2013

Sir, I intend to sell this property and the amount quoted by buyer thru broker is acceptable at this juncture. Also I do not see further regularization of this colony bu Delhi govt.

As earlier mentioned, that the buyer is comfortable to buy under GPA/Agreement to sell/Will method. .

adv. rajeev ( rajoo ) (practicing advocate)     15 April 2013

If buyer is ready then go for sale.

Gagan ARora (Sm)     15 April 2013

Sir, In that case, can i disclose the consideration as Income from Capital gain thru sale of house property for IT return.

Since the sale is not recognised, than can the income from that sale be recognised?

R RAJAGOPALAN (ADVOCATE)     16 April 2013

You may, and can, disclose the true facts.

If there is a transfer of property, even if illegal or not registered, you may disclose the transfer and the resultant capital gains.

After all you will have some document to evidence the transfer. You may retain a copy of that transfer document.

1 Like

Gagan ARora (Sm)     17 April 2013

Sir, Thanks for your Inputs?

As per IT Act, we can save Capital gains tax if we invest the proceeds in Sec-54 bonds within 6 months of Sale deed.

(I intended to do the same)

In this case there is no Sale Deed.I fear that  GPA docs will not suffice for IT exemption.

Request to share your inputs on the same.

R RAJAGOPALAN (ADVOCATE)     17 April 2013

As per S.54EC, the time limit is within 6 months, not of registration, but of 'transfer'.

Gagan ARora (Sm)     17 April 2013

Sir, Thanks again for the clarification.
 
Will than Capital gains tax of 10% shall be applicable ?
 
In absence of sale deed, IT office may treat this as advance for sale of property and subsequenntly normal income slab, say 30%, tax rate may be imposed for the time being (refund later after registry opens and sale deed executed at later date)

R RAJAGOPALAN (ADVOCATE)     17 April 2013

You can rely on the Explanation-2 to Section 2(47).

As per the extended meaning to 'Transfer' given there, the date of the transfer will be the date on which you hand over possession after taking the full price and executing some sale note /agreement (not necessarily registered).

1 Like

Gagan ARora (Sm)     18 April 2013

Thanks Sir for providing clear answers to the query.

My Due regards.


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