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Tejas

Tejas Chokshi  |126 Answers  |Ask -

Tax Expert - Answered on Aug 07, 2023

CA Tejas Chokshi has over 20 years of experience in financial planning, income tax planning, strategic and risk advisory, banking and financial products and accounting and auditing.
He is an information system auditor, a forensic auditor and concurrent bank auditor.
Chokshi, who has a master’s degree in management, audit and accounting from Gujarat University, has completed his CA from the Institute of Chartered Accountants of India.... more
Siddramappa Question by Siddramappa on Aug 07, 2023Hindi
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Sir, during this month (August2023) I sold my flat which was purchased by me in 2010. The total sale consideration as per govt guidelines was Rs 5973000/ and was registered at that amount, accordingly TDS at 1% on it was deducted at Rs 59730 and was credited to the govt account. My query is , TDS on sale of property at 1% is applicable in case the amount of sale exceeds Rs 50.00 lakhs . Whether the TDS is applicable on full sale consideration or on the difference amount ie, (5973000-500000)Rs 973000. 2. I had purchased the flat in April 2010 and the purchase price was Rs 3150000/ including Stamp duty, Registration charges and small amount towards interior work. I request you to advise me the applicability of Capital Gain Tax on it. Now I do not want to invest in any new property or in Capital gain bonds, I want to pay the applicable tax and close the transaction. Please advise me about the applicable Tax and close the formalities applicable in this regard. Siddramappa Kudarimoti.

Ans: The TDS (Tax Deducted at Source) of 1% on the sale of property exceeding Rs 50 lakhs is applicable on the full sale consideration. In your case, since the total sale consideration was Rs 5,973,000, the TDS of Rs 59,730 was deducted as per the guidelines. Based on the information you've provided, you might be liable for Capital Gains Tax. Capital Gains Tax is calculated based on the difference between the selling price and the indexed purchase price. The indexed purchase price adjusts the original purchase price for inflation over the holding period.
The tax on long-term capital gains is usually 20% (plus applicable surcharge and cess) after considering any exemptions or deductions available under Section 54 or Section 54F if you are not investing in another property or capital gains bonds.

To close the transaction and fulfill your tax obligations, you should consider the following steps:

a. Calculate Capital Gains: As explained above, calculate the capital gains based on the indexed purchase price and selling price.

b. Pay Capital Gains Tax: If you decide not to invest in another property or capital gains bonds, you will need to pay the applicable capital gains tax. You can do this by filling out the appropriate sections in your income tax return and paying the tax amount.

c. File Income Tax Return: Ensure that you accurately report the capital gains in your income tax return for the assessment year.

d. Keep Documentation: Maintain all relevant documents related to the property sale, purchase, and tax calculations for future reference
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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Hellow Sir, In February, 2023 I had sold a House Property and there is Capital Gain around 15.00 lakh. From the sale proceed I received, I have already bought a housing plot(land) costing Rs.11.00 Lakh, in May, 2023, in a Govt. approved scheme and this has also been registered in my favour. All other formalities for its mutation has also been completed. Since I am planning to construct house on this newly acquired Plot in next 2 years, kindly guide:- (1)whether the amount already incurred in acquiring above Housing Plot would also be considered against utilization of Capital Gain ? (2)the amount I have to kept in the Capital Gain Account Scheme for utilization during construction of House shall be Rs.15.00 Lakh OR Rs.4.00 Lakh (after deducting cost of Plot i.e. Rs.11.00 Lakh) ? Kindly Guide Regards !
Ans: Hello,

I understand your situation and I'm here to help. Based on the details you've provided and the current tax laws in India, here's what you need to know:

1) The amount you've spent on acquiring the housing plot can indeed be considered for the utilization of your capital gain. As per the Income Tax Act, if you reinvest the capital gains from the sale of a property in buying a new property or constructing a new house, you can claim tax exemption on the capital gains.

2) The amount you need to keep in the Capital Gain Account Scheme (CGAS) would be the remaining amount after deducting the cost of the plot from the capital gain. In your case, if you've already spent Rs. 11.00 Lakh on the plot, you would need to keep Rs. 4.00 Lakh (Rs. 15.00 Lakh - Rs. 11.00 Lakh) in the CGAS. This amount should be utilized for the construction of the house within the specified time period, which is 3 years from the date of sale of the original property.
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Sanjeev Govila  |458 Answers  |Ask -

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I have some queries regarding tax on sale of my property which I need to show in my Income Tax return in FY-2023-24. I had purchased a flat in Kolkata at a total cost of 8.50 lacs [including registration cost] and registration was done in April, 2004. I had sold the said flat in May,2023 at Rs.31 lacs. My queries are :- 1. Do I need to pay Capital Gain tax on the sale of this flat ? 2. How much tax do I need to pay ? 3. How to show this capital gain income and tax in my Income Tax retirn next year ? Please advise. Regards, Ratan K. Saha
Ans: You need to understand the following things about taxation of your flat:-
1. You have earned a profit (called capital gains in this context) on the sale of your house. So tax is due.
2. However, tax will not simply be 31L – 8.5L. The Govt gives you an advantage of inflation over the years which increases your purchase cost through a process called ‘Indexation’, thus decreasing your tax. Please google and read up on it, or contact a good CA or a financial advisor.
3. You also get credit for registration and stamp duty charges, brokerages paid as also any improvements done in the house of a permanent nature.
4. Please read up on Income Tax Section 54 which also gives out how you can save tax on your final capital gains arrived at.
5. The entire calculations and sale/purchase details have to be shown in the ITR. Most probably you will be filling ITR-2 for this next year but please ascertain the same when you are about to file the tax since rules keep changing.
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I retired earlier now at 53. Invested 7L in ELSS and using 60L on short term equity trading (with monthly average gain 2L) and having own apartment home worth 40L. Having dependent widowed mother, wife with 13 yrs old daughter. Intended to raise daughter as doctor. Please suggest better investment options.
Ans: Congratulations on your early retirement! It sounds like you've made some good initial decisions, but there's definitely room for improvement to secure your family's future, especially considering your dependents. Here's how you can optimize your investments:

Reduce Risk in Short-Term Equity Trading:

While a ?2 lakh monthly gain from short-term trading sounds impressive, it's a very risky strategy. The market can be volatile, and these gains may not be sustainable. Consider allocating a much smaller portion (maybe 10-20%) to short-term trading and focus on more stable options for the majority of your investable assets (?60 lakh currently in trading).
Focus on Long-Term Growth and Stability:

Increase Investment in ELSS: ?7 lakh is a good start, but for your daughter's education and your retirement needs, you'll likely need a much larger corpus. Consider increasing your SIP amount in ELSS or similar diversified equity mutual funds with a long-term horizon (10+ years).
Explore Debt Options for Regular Income:

You mentioned having a dependent mother and daughter's education to plan for. Consider investing a portion (maybe 20-30%) of your investable amount in safer debt options like Public Provident Fund (PPF), Senior Citizen Savings Scheme (SCSS) for your mother (if she's above 60), or fixed deposits to generate a regular income stream.
Plan for Daughter's Education:

Doctorate studies can be expensive. Start an SIP in a dedicated child education plan or invest in aggressive equity funds specifically for this goal. Talk to a Certfied Financial Planner for personalized recommendations based on the estimated cost of medical education.
Utilize Your Apartment:

While your apartment fulfills your housing needs, consider if it could generate additional income. Explore options like renting a room if feasible.
Seek Professional Guidance:

Given your multiple financial goals and risk tolerance, consulting a Certified Financial Planner (CFP) can be highly beneficial. They can create a personalized investment plan considering your risk appetite, time horizon, and financial goals.
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Dear Sir My age is 34 yrs. I have working alredy 10 yrs and my average total income till date 40L minimum. Still I did not save 1rs till now. Request you please advice how to start savings also make future retirement plan. My expected retirement age is 55yrs.
Ans: It's never too late to start saving for retirement, and kudos to you for taking this important step at 34! Here's how to get on track:

1. Assess your situation:

Track your expenses: For a month, track where your money goes. This will help identify areas to cut back and free up savings.
Emergency fund: Aim for 3-6 months of living expenses in an easily accessible savings account for emergencies.
2. Start saving:

Automated savings: Set up a Systematic Investment Plan (SIP) in a mutual fund. Start small, even with ?1,000 per month, and gradually increase as you get comfortable.
3. Retirement plan:

Employer benefits: Check if your employer offers a retirement plan like a Provident Fund (PF). Contribute the maximum allowed for tax benefits and long-term savings.
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Remember: Consistency is key! Starting early, even with a small amount, allows time for your savings to grow through the power of compounding. Don't be discouraged if you can't save a lot initially. Every little bit counts!
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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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