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Awni Ranjan (Online Corporate Trainer )     20 January 2013

Long term capital gain

Father has self acquired property and died after writing Gift Deed in favour of two sons, 50% for each son . Please explain how capital gains tax would be paid if the property was purchase by father for Rs 50,00,000 and sold by the two sons at Rs 2 crores. The moot question is whether the capital gains rules will apply individually for the sons or both will come under one. No need to take CII for simplification

case 1: Individual capital gains for son A and B: Rs 2,00,00,000 - Rs 50,00,000 = 1,50,00,000 / 2 = 75,00,000

              Son A buys another property for Rs 75,00,000

              Son B also buys another property for Rs 75,00,000

HENCE, NO SON WILL PAY ANT CAPITAL GAIN TAX ? IS THIS ASSUMPTION CORRECT

 

 

 



Learning

 1 Replies

sitaramaiah (audit manager)     02 February 2013

Dear sir

As per gift deed, propert has been belongs to sons individually . Sons has to be assessed in their hands  individually at their respective share in the property. TWO SEPARATE RETURNS SHOULD BE FILED.

SO WE CAN DEAL THIS CASE INDIVIDUAL BASE ONLY

.Thanks and regards

CA Balasitaramaiah

9014828572


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