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Mihir

Mihir Tanna  |964 Answers  |Ask -

Tax Expert - Answered on Nov 23, 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
Santhosh Question by Santhosh on Nov 22, 2023Hindi
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Sir, I sold my flat @ 90 lakhs which was purchased in 2010 for 28 lakhs. Whether I can add stamp duty and registration fee paid in 2010 to the cost of flat for calculating capital gain? Also I have carried out home improvement works including painting and these are eligible for tax calculation? Please advise

Ans: Yes, Stamp duty and registration fee will form part of cost of acquition. However it is not advisable to consider it as cost, if deduction u/s 80C is taken in the year of purchase.

Further, cost of improvement will allowed for deduction separately while calculating capital gain.
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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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.
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Tejas

Tejas Chokshi  | Answer  |Ask -

Tax Expert - Answered on Aug 07, 2023

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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

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My age is 30 gf is also of same age ..we have caste issue and she is being hindu..but we love each other deeply ..we are in strong seriously relationship since 5 years ..but suddenly now she has cheated with me with a guy of same caste and too rich..now i am devasted ..i have done everything for her she asked for and i have given my blood sweat and tears to work it this relation into marrige...since i found out my gf had cheated on me i am not in myself..my left chest always has mild to severe pain when i think about her .it is just sudden change of emotions..when i am doing my work i forgets about her but not able to focus and it is reflecting on my performance...please confirm what should i do now .she has said sorry multiple times ..but i cannot trust her the same way and not able to love her same way as it is use to be...though my feelinga for her never gonna die but this feeling only killing me please confirm what should do please
Ans: Dear Anonymous,
Heartbreaks can show up in the body as aches and pains; but do visit the doctor to rule out any issue causing the pain in your chest.
I would suggest 'taking a break' from your relationship to process what has gone on...being cheated upon is not easy to digest and you need the time to understand what has happened.
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I do feel that you will benefit from working with a professional on this as your mind state can interfere in the process of reflection and healing. So, do consider that as well...
I will not say that Time Heals, but Time gives you an opportunity to reflect and learn...

All the best!
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Mind Coach|NLP Trainer|Author
Drop in: www.unfear.io
Reach me: Facebook: anukrish07/ AND LinkedIn: anukrishna-joyofserving/

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I (30M) am looking for suitable match through Arranged Marriage Platforms. Recently, I had connected with a Lady (25F) who seemed to tick all the Boxes, which I preferred in a Life Partner & she seemed to like me too, we both were getting along quite well through chatting & phone calls. When we met, in person for the first time, I POLITELY asked her what's her BODY COUNT (while mentioning that my Body Count is Zero, as I am VIRGIN). Immediately, she lost her Temper, started abusing me & splashed her Drink all over my Face & Clothes, she was physically assaulting me, when the waiters intervened & calmed her down. I was feeling Humiliated in Public. She threatened that she would Report me to the Police for 'SEXUAL HARASSMENT'. Realising that she could ruin my Life, I apologised to her earnestly & made Peace. Needless to say, she ended all contact with me. But, this incident has left me emotionally bruised. Did I do anything Wrong by asking my prospective Life Partner about her Sexual History? Don't I have the Right to know about this aspect of the Woman, I'd be Marrying? Was she right in taking offence at my Question? Can her Reaction be Justified? Does my Question warrant a Criminal Case against me (something as Heinous as 'Sexual Harassment')? How do I handle such situations in the Future? Should I avoid asking, any other prospects, in the future m, such sensitive personal Questions? What do I do, in case, any other Lady, behaves aggressively with me? Would it be better, if I Record our entire conversation, secretly, using a Bodycam, as a Pro-Active measure, to prove my Innocence & defend myself against Criminal Proceedings? Would it be Legal, to Record our Conversation, without her Knowledge or Consent? Or shall I seek her Consent & Proceed cautiously? Please Advise me, how to handle such sensitive situations, in the Future.
Ans: Dear Anonymous,
Things have definitely changed in the dating and marriage scene from what it was even 20 or 10 years back...
But hey, I still have my reservations on whether women are comfortable answering very intimate questions...do you not think that a question on body count can be reserved to a future meeting maybe when the two of you show interest in each other and when transparency is vital to further the connection?
Right on Day 1, what is the necessity to jump about and get curious about it? Maybe if someone asked you, you would be okay with it but not everyone or every woman is going to be comfortable with it.
When you pay attention to what the other person wants and likes, there are minimal chances of you slipping up and irking them; where is the question then to take care of legal stuff, recording etc...
Genuinely be there with the other person in a conversation and when the rapport is built, the conversation flows effortlessly and you will start to enjoy it. Start to get curious about who they are as people rather than how many people they have slept with...This should help you!

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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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