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Mihir Tanna |964 Answers |Ask -Follow

Tax Expert - Answered on Jul 20, 2023

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

Question by Prabodh on Jul 17, 2023Hindi

Money

Hello Sir, I need your advice in sale of flat, Sir, I booked one Under construction flat @ Virar In June 2004 for Rs.17,74,000 and paid Stamp duty of Rs.67,440 and the Registration charges of Rs.17,740 on that , of which I for possession in June 2014, Sir, I sold that flat in June 2023 for Rs.41,50,000/- Sir, how much I m liable to pay LTCG on that and within how much time I have to pay that tax to the Income tax Authorities, as I do not intend to invest in the new property.

Ans: For calculating tax on long term capital gain on house property, indexed cost of acquisition is required be reduced from sale considered.

Indexed cost of acquisition can be calculated with the help of income tax calculator available at https://incometaxindia.gov.in/Pages/tools/indexed-cost-of-acquisition-or-improvement.aspx.

Property is booked in 2004 but payment would have done gradually till 2014. Thus, indexation benefit is available on each of the payment from each of date of payment.

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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Tax Expert - Answered on May 05, 2023

Asked by Anonymous - Apr 24, 2023Hindi

Money

We bought a flat in 2002 for 17L possession of which was given in 2003. However, the registration (registration fees about 1.65L) was done in 2016, in my husband's name. My husband transferred the property to me via a gift deed in 2018. I am selling this property this year (2023) for 95L. What is the LTCG on this property on which I have to pay tax? What will be the date of acquisition and cost of acquisition to be considered on which indexation is to be done?

Ans: Hi,
There are lot of ambiguities in your query. Certain questions that are pertinent are as follows:

Was the Rs. 17 Lakhs fully paid in 2002?
How was the possesion given in 2003 without registration and it was done only in 2016?
What was the proportion of payment that was made by you individually and your husband?

The answers to this query would change based on inputs to the above questions. However, i will try to give a generic response to your queries

Indexed Cost of Rs. 17 Lakhs - Rs. 56,34,286
Indexed Cost of Rs. 1.65 Lakhs - Rs. 2,17,500
Total Indexed Cost - Rs. 58,51,786
Sale Consideration - Rs. 95 Lakhs
Long Term Capital Gain - Rs. 36,48,214

Most critical point here is that this capital gain would be taxed in the hands of your husband and not you as he has gifted the property to you without any monetary consideration. This is based on the clubbing provisions of the Income Tax Act

Mihir Tanna |964 Answers |Ask -Follow

Tax Expert - Answered on Oct 19, 2023

Question by Prabodh - Jul 17, 2023Hindi

Money

Hello Sir, I need your advice , Sir, I booked 2 BHK Under construction flat in Virar in June 2009, of which I got possession in June 2014 for Rs.17,74,000/- and plus Stamp duty of Rs.69,900 & 17,440 towards Registration Charges . Sir,I sold that flat in June 2023 @ Rs.41.50 L . I need to know how much LTCG payable by me, as I do not intend to invest in any new property and hence I will pay LTCG to Income Tax Authorities, within how much time after sale of flat, I should pay tax.

Ans: Person is required to pay tax on gain earned on the transfer of capital asset (flat). Gain amount is calculated by deducting indexed cost of asset from sale consideration.

You can calculate the capital gain with the help of income tax calculator available at https://incometaxindia.gov.in/Pages/tools/indexed-cost-of-acquisition-or-improvement.aspx

You should pay tax before 15.03.2024 to save interest liability on capital gain part.

Latest Questions

T S Khurana |197 Answers |Ask -Follow

Tax Expert - Answered on Nov 23, 2024

Asked by Anonymous - May 11, 2024Hindi

Money

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.

T S Khurana |197 Answers |Ask -Follow

Tax Expert - Answered on Nov 23, 2024

Question by Dipak - Nov 18, 2024Hindi

Money

Sir, Grateful for your reply dtd 15th instant stating my estimated tax liability for FY 24- 25. Would you kindly let me know break up of my tax calculation specially in respect of my LTCG. With kind regards D chakraborty

Ans: I am not in a position to trace my previous reply. Please mention exact date, to enable me to trace the same.
Further I would like to mention here that tax liability cannot be worked out unless complete information about your Income from all sources & all tax savings details are there.
Most welcome for any further clarifications. Thanks.

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Tax Expert - Answered on Nov 23, 2024

Question by Krishna - Aug 26, 2024Hindi

Money

Hi, I retired on 31 March 2024. I turned 60 years in November 2023. I have not yet with drawn my PF funds. Will the total accumulation be eligible for interest payment for 3 years post March 2024. Kindly advice.

Ans: You should be entitled to Interest on your PF account, at least for 3 years after your retirement.
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Tax Expert - Answered on Nov 23, 2024

Asked by Anonymous - Nov 20, 2024Hindi

Money

I have superannuation schrme with presemt employer and they have discountinued the same. I sm of age 54 years now and employer asked to withdraw 33% fund and balance fund will convert in pension scheme. I have question that this 33% fund will attract tax as per Invome tax of Indian Govt?

Ans: 01. Payment of 33% of Fund being received at the time of Voluntary Retirement/Superannuation is taxable under the head "Income from Salary." However, a maximum of Rs.5,00,000.00 is exempted u/s 10(10)(C), subject to certain conditions. Since your question does not specify the nature of Job, the Company in which you served, Length of service & Whether the scheme of Superannuation is approved or not etc,, it is difficult to give you a clear view.
Most welcome for any further clarifications. Thanks.

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MHT-CET, IIT-JEE, NEET-UG Expert - Answered on Nov 23, 2024

Question by Srinivasa - Nov 23, 2024Hindi

Career

Best college for bachelor in computer science in india other than iit, iiit, nit, bits

Ans: Hello Srinivasa
It would be biased to quote the name of only a single college for CSE in India. Yet you can choose the best which is suitable for you from the following list:
(1) Vellore Institute of Technology (VIT), Vellore
(2) SRM Institute of Science and Technology (SRMIST), Chennai
(3) Shiv Nadar University (SNU), Greater Noida
(4) PES University (PESU), Bengaluru
(5) Christ University, Bengaluru
(6) Jain University, Bengaluru
(7) Amrita Vishwa Vidyapeetham, Coimbatore
(8) Manipal Institute of Technology (MIT), Manipal
(9) Ashoka University, Sonipat (for Computational Sciences)
(10) Kalinga Institute of Industrial Technology (KIIT), Bhubaneswar
(11) Symbiosis Institute of Technology (SIT), Pune
(12) Chandigarh University, Chandigarh
(13) Lovely Professional University (LPU), Jalandhar
(14) DA-IICT, Gandhinagar
(15) NMIMS (Mukesh Patel School of Technology), Mumbai
Before selecting the college, please check the parameters such as Placement Records, Location, Specializations, Campus Facilities, Alumni Network, etc.

If satisfied, please like and follow me.
If dissatisfied with the reply, please ask again without hesitation.
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I am completed B.Tech. in Civil (7.42) in 2023 but didn't get any job. Since then I start preparation for government exam but haven't had a chance yet. I am totally confused and frustrate about my career. What should I do right now?

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Hello Sir, this is Brahmendra an IT professional for past 20 years. My son is studying +1 and preparing for JEE along with other engineering entrance exams. Academically, he is an above average student (scored 90% in class X CBSE) but has good aptitude & reasoning skills. Somehow, he likes to study mechanical engineering. Q1) Nationally, what colleges are good/best for mechanical? 2) In worst case, if he could not get into premium colleges like NITs, IITs, VITs & CBITs etc., can he still make a good career in that field? 3) Are there enough campus interviews happening for that branch in their industry and do they have enough off-campus opportunities? Being in IT industry, I am aware even an average student with good skills in programming can easily make their career. But when I was teaching him the programming in his previous classes, he did not find it interesting.

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Tech Careers and Skill Development Expert - Answered on Nov 23, 2024

Asked by Anonymous - Nov 21, 2024Hindi

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I am currently studying in 3rd year of mechanical engineering in govt. College sir, can I get a job?. And what courses should I do?....

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Tech Careers and Skill Development Expert - Answered on Nov 23, 2024

Asked by Anonymous - Nov 20, 2024Hindi

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Sir My son is studying in IIT and at a very later stage he expressed his averseness to complete the course. He wanted to pursue fresh degree in computer science. We tried to convince him but not getting convinced. Please suggest way forward.

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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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