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Mihir

Mihir Tanna  |1093 Answers  |Ask -

Tax Expert - Answered on Jul 21, 2025

Mihir Ashok Tanna, who works with a well-known chartered accountancy firm in Mumbai, has more than 15 years of experience in direct taxation.
He handles various kinds of matters related to direct tax such as PAN/ TAN application; compliance including ITR, TDS return filing; issuance/ filing of statutory forms like Form 15CB, Form 61A, etc; application u/s 10(46); application for condonation of delay; application for lower/ nil TDS certificate; transfer pricing and study report; advisory/ opinion on direct tax matters; handling various income-tax notices; compounding application on show cause for TDS default; verification of books for TDS/ TCS/ equalisation levy compliance; application for pending income-tax demand and refund; charitable trust taxation and compliance; income-tax scrutiny and CIT(A) for all types of taxpayers including individuals, firms, LLPs, corporates, trusts, non-resident individuals and companies.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
Dharmil Question by Dharmil on Jul 18, 2025Hindi
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D- Assesee N- wife of assesse C- Son of Assessee V- 2nd son of asessee A) D has inherited a part of the Property worth 25 lacs from his parents which was sold in June 2025. B) D and his sons have booked a Residential property in Under Construction property worth 2.8 crores whose allotment letter is dated in July 2025. C) The possesion of the Under construction property is in March 2028. The registration is to be done before September 2025. D) The payment terms are. 1. 70 lacs before September 2025 2. 70 lacs before December 2026 3. 140 on possesion. E) D and N has a Property in Joint ownership where they are currently residing with their sons worth 90 lacs which he is supposed to sell and pay the last installment of the booked property. Kindly advise how to save the Maximum LTCG Tax. When can we do the agreement

Ans: Query require face to face discussion and need to understand some of the facts. Please discuss with some consultant
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Mihir

Mihir Tanna  |1093 Answers  |Ask -

Tax Expert - Answered on May 24, 2024

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Plot of Land Ballia,UP. Purchase year-1990 in two instalments Purchase price-Rs 42,000 (35000+7000) Stamp Duty Valuation-Rs. 73,000(Rs.9000+Rs.64000) Advance taken in 2019 -Rs. 15 lakh without any documentation in joint SBI Bank Account of father and mother, both sr citizen father being first holder. Father expired in 2020. Sale to different person on August 11 2023 for Rs 20 lakh received in HDFC Bank joint account of mother and son,mother first holder . Rs. 15 lakh transferred through RTGS to the person who gave advance and Rs.3 lakh as interest claimed by him transferred through IMPS and Phone Pe to a different person whom the first person owed money, at the request of the creditor and debtor. Stamp Duty Valuation of Land in August 2023- 39 lakh. The total Yearly Income of the mother, sr citizen, is Rs. 12000 as pension (Rs. 1000 per month). She has not filed any previous ITR. Tax implication and tax planning for both buyer and seller and response to following specific queries- • In ITR, there are 3 rows. One is for sale consideration,2nd one is for stamp duty valuation and 3rd one which automatically takes higher of these two as sale consideration under section 50C. So here If I put actual sale consideration in both rows, will it amount to false declaration ? Consequences for this because if I give stamp value, then automatically IT system will pick up the higher stamp value and calculate tax accordingly. What to do then? • Who will bear the tax burden? First Account holder or 2nd Account Holder or both or any clubbing provision? • Sr. Citizen Mother has only Rs 1000(one thousand) per month family pension as income and does not file ITR. If she does not pay any tax at all, what are the chances of detailed scrutiny and consequences? • If mother happens to be assesse, does she need to pay any advance tax or file ITR? • How to get Fair Market Value (FMV) and circle rate of Land as on 01.04.2001 for calculating Indexed cost of Acquisition in 2023-24. • How to get FMV on date of agreement/date of sale? • If assesse declares certain FMV in ITR both on 01.04.2001 as well as on date of sale i.e. 11.08.2023, is supporting documentation required at any stage or mere declaration will suffice? Steps to be taken by IT in this regard? • What can be the maximum Tax Liability and maximum date of depositing this tax/ITR and steps to mitigate this tax liability/payment?
Ans: Query require detailed discussion face to face. Please check with tax consultant.

..Read more

T S Khurana

T S Khurana   |544 Answers  |Ask -

Tax Expert - Answered on Nov 23, 2024

Asked by Anonymous - May 11, 2024Hindi
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Can you please suggest on capital gains as per Indian taxation laws arising in the below two queries : 1) property purchased with joint ownership, me and my wife’s name in 2015 at a cost of 64,80,000, housing improvements done for the cost of 1000000 and brokerages of 200000 paid and sold the same property at 10000000 in Dec 2023? 2) 87% of the proceeds got from the deal i.e 8700000, have been reinvested to pay 25% amount in purchasing another joint ownership property in Dec 2023, 3) I have invested in another under construction property in Nov 2023 by taking housing loan, which is on me and my wife’s name worth 1.4 cr, here the primary applicant is me only while wife is just made a Co applicant in the builder buyer agreement and also on the housing loan . So what are the LTCG tax liabilities arising from the above 3 scenarios for FY 2023-2024 and FY 2024-2025. I intend to sale off the property acquired in (2) by Dec 2024 and use that proceeds to close the housing loan for the property acquired in (3), will this sale of property be inviting any tax liabilities if the complete proceeds received from the sale of the property in (2) would be utilised to close the housing loan taken in Nov 2023 for the property in (3) ? Since in FY 23-24, I would be claiming the LTCG from the sale proceeds of 1) invested in the purchase of property in 2), and I intend to sale off this property in Dec 2024, will the LTCG claim be forfeited on the property sale in (1), should I hold this property at least for further 1 year so that sale of this property in 2) will not invite STCG?
Ans: (A). Let's first talk about F/Y 2023-24 :
You jointly sold a Property during the year for Rs.76.80 lakhs (64.80+10.00+2.00), & sold the same for Rs.100.00 lakhs.
You have jointly also purchased Property No.3 (I suppose it is Residential only), for Rs.140.00 lakhs.
You should avail exemption u/s-54 & file your ITR accordingly. Please disclose all details about sale & purchase in your ITR.
02. Now coming to the F/Y 2024-25 :
You intend to Sell Property No.2, which was acquired in 2023-24. Any Gain on Sale of it would be Short Term capital Gains & taxed accordingly.
Alternatively, you may hold this sale of property no.2 (for 2 years from its purchase) & avoid STCG
You are free to utilize the sale proceeds in a way you like, including paying off your housing Loan.
Please note to avail exemption u/s 54 only from investment in property no.3 & not 2.
Most welcome for any further clarifications. Thanks.

..Read more

Latest Questions
Ramalingam

Ramalingam Kalirajan  |10976 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jan 21, 2026

Asked by Anonymous - Jan 21, 2026Hindi
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I’m a 35-year-old salaried professional aiming to build a long-term investment portfolio over the next 10 years, with a monthly investment budget of around Rs 15,000. I'm tempted to buy silver as an investment because silver prices today (Rs 330 per gram) look much more 'affordable' than gold prices today approx 15000 per gram). But I also know that price per gram doesn’t reflect actual returns when comparing silver vs gold investment performance. Is viewing silver as a cheaper investment option a mental trap for small investors, or does investing in silver genuinely offer better upside potential in the long run?
Ans: You are thinking in the right direction. You are questioning the price tag, not getting carried away by it. This itself shows maturity and long-term thinking. Many investors do not pause at this stage. You deserve appreciation for that clarity.

» Price per gram versus wealth creation reality
– Seeing silver at Rs 330 per gram and gold at around Rs 15,000 per gram creates a strong emotional pull
– Our mind feels silver is “cheap” and gold is “expensive”
– This is a mental shortcut, not an investment logic
– Wealth grows by percentage return over time, not by how many grams we can buy
– One gram at Rs 100 that grows slowly can underperform one gram at Rs 10,000 that grows steadily

» Why silver looks attractive but behaves differently
– Silver has a dual role: precious metal and industrial metal
– Industrial demand makes silver prices volatile and cyclical
– When the economy slows, silver demand can fall sharply
– This leads to long periods of price stagnation
– For a salaried professional with monthly investing, such swings can test patience

» Gold and silver are not growth assets
– Both gold and silver do not create earnings or cash flow
– Their value depends mainly on demand, inflation fear, and currency movement
– Over long periods, they protect purchasing power but rarely multiply wealth
– Expecting strong upside from silver over 10 years is usually unrealistic
– This is especially true when the goal is disciplined monthly investing

» Is silver a mental trap for small investors
– Yes, for many investors it is
– “I can buy more grams” gives psychological comfort
– But comfort does not equal better returns
– Silver often underperforms expectations when held for long durations
– Storage cost, purity issues, and liquidity challenges further reduce actual benefit

» Does silver have any role at all
– Silver can be used as a small diversification tool
– It should never be the core of a long-term portfolio
– Allocation should be limited and purpose-driven
– Treat it as a hedge, not a growth engine
– Overexposure can slow overall portfolio progress

» Better alignment with your 10-year goal
– At age 35, your biggest strength is time
– Regular monthly investing suits growth-oriented assets
– Actively managed equity mutual funds suit this phase well
– Active fund managers can adapt to market changes and protect downside
– This flexibility matters more than metal price movements

» Why market-linked metal products are not ideal substitutes
– They closely track metal prices without adding value
– No active decision-making or downside control
– Returns depend only on price cycles
– This makes long-term compounding weak
– Actively managed funds aim to grow wealth, not just track prices

» Risk, emotion, and discipline
– Silver prices can move sharply up and down
– Such movement can tempt investors to time the market
– Timing mistakes hurt long-term results
– Simple, steady investing works better than reacting to metal prices
– Discipline matters more than affordability

» Tax and liquidity awareness
– Physical silver has making charges and selling spreads
– Tax treatment can reduce post-tax returns
– Liquidity is not always smooth during urgent needs
– These frictions are often ignored at the buying stage

» 360-degree portfolio thinking
– Your Rs 15,000 monthly budget is a powerful habit
– Focus on assets that reward time and consistency
– Use metals only as support, not as drivers
– Growth assets should do the heavy lifting
– Review allocation periodically with a Certified Financial Planner

» Final Insights
– Silver looking affordable is largely a mental illusion
– Long-term wealth is built by return quality, not unit price
– Silver does not offer reliable long-term upside for salaried investors
– Limited exposure is fine, dependency is not
– Staying focused on growth-oriented investing will serve your 10-year goal far better

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

https://www.youtube.com/@HolisticInvestment

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