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radhika (NA)     07 February 2012

Unique case

Facts of the case is as follows

 

The assessee has purchased a land (2007) in tamil nadu in the name of his employee and now wishes to start a construction business using the same land. No returns have been filed by the employee and money is unaccounted. How shall the assessee proceed now.

1. Enter into joint venture with employee

2.register the land in his own name thereby paying land registration charges which runs down to around 5 lakhs.

 

Please suggest anyother possible way so as to make this legitimate.



Learning

 4 Replies

POOVENTHERA RAJAN (Taxation Advocate)     08 February 2012

Purchase of land does not require any accountability. The employer can receive the property from his employee by way of gift. The registration fee for gift under Tamil Nadu Registration Act is only 1%. Further the existing TNVAT Act have no relevence to transfer of property. For any more details please call me on 9486650085

Vineet (Director)     11 February 2012

Sorry. No advice for an illegal act. Mr P Rajan, request you to be loyal to your profession and atleast not promote this forum for legitimising illegal deeds.

POOVENTHERA RAJAN (Taxation Advocate)     13 February 2012

nothing illegal Mr. Vineeth

Vineet (Director)     20 February 2012

1. Purchasing benami property using unaccounted money itself was illegal.

2. Now trying to convert such unaccounted property into legitimate one by dubious means of gift or JV.

 

The querist should be known that in cases of gifts, the creditworthiness of donor as well as genuineness of transaction can always be questioned. Even otherwise, the recipient will have to pay tax on the same u/s 56 of the Act.


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