Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Income from transfer of Property in favour of Wife

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Income from transfer of Property in favour of Wife
Query (Issue) Started By: - Sathish Kamath Dated:- 28-1-2011 Last Reply Date:- 31-1-2011 Income Tax
Got 1 Reply
Income Tax
Mr.M wants to Gift / Settle Landed Property valued Rs.15 lakhs in favour of his wife Mrs.L. The said property was purchased in the FY 2005-06 for Rs.3.50 lakhs. Later, Mrs.L wants to develop that property with the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... help of a Builder. Builder will construct 8 flats on that Laded property and hand over 4 flats to Mrs.L. She will not pay any amount to the Builder and Builder will not pay any amount to her for the above deal. Mrs.L wants to let out those flats and derive Rental Income from such flats. She does not want to sell those flats. In the light of the above, please clarify the following: 1. Whether any .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Capital gain arises on relinquishment of right in Landed Property in favour of Builder. If so, in whose hands Capital Gains is taxed i.e. in the hands of Mr.M or Mrs.L? 2. In whose hands, Rental Income received by Mrs.L will be taxed i.e. in the hands of Mr.M or Mrs.L, in view of the fact that Mr.M has only transferred the Land to his wife and super structure was jointly developed by Ms.L and th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e Builder. I request the enlightened members to give their learned opinion on the above query. Reply By GOPALJI AGRAWAL: The Reply: Mr. M would be "deemed owner" as per section 27 of the Act and would be taxable as he would not have gifted the land to Mrs. M
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates