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Mihir

Mihir Tanna  |1112 Answers  |Ask -

Tax Expert - Answered on Jan 09, 2024

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
Asked by Anonymous - Dec 21, 2023Hindi
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Subject: Urgent Advice Needed - Regarding Partial Cash Payment for Flat Purchase Dear Mr. Mihir Sir I am writing to seek your urgent advice regarding a potential flat purchase. I am interested in a particular flat, but the owner is requesting a partial payment in cash. Please note that all my funds are held legally in bank accounts, and I have no concerns about the source of my money.i have all white money . However, I am hesitant about making a cash payment, even partially, due to possible legal and tax implications. Therefore, I kindly request your expert guidance on the following: • Legality: Is it legal to make a partial cash payment for a flat purchase in India? Are there any specific limits or regulations regarding cash transactions for property deals? • Tax Implications: Could making a cash payment, even partially, raise any red flags from the tax authorities? What are the potential tax repercussions I should be aware of? • Risks and Alternatives: Are there any other risks associated with making a cash payment, such as the possibility of fraud or disputes? Is it possible to negotiate with the owner for alternative payment methods that are more transparent and avoid cash entirely? I would greatly appreciate it if you could provide your insights and recommendations on how to proceed with this situation in a safe and compliant manner. My primary concern is protecting my financial interests and ensuring a smooth and hassle-free flat purchase. Please feel free to reach out if you require any further information or clarification. I look forward to your prompt and valuable advice. Thank you for your time and expertise.

Ans: No person shall receive an amount of two lakh rupees or more— (a) in aggregate from a person in a day; or (b) in respect of a single transaction; or (c) in respect of transactions relating to one event or occasion from a person,otherwise than by an account payee cheque or an account payee bank draft or use of electronic clearing system through a bank account or through such other electronic mode as may be prescribed.

Further, cash payment, if any, should be part of sale consideration mentioned in the sale agreement.
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  |1112 Answers  |Ask -

Tax Expert - Answered on Jan 29, 2024

Asked by Anonymous - Dec 21, 2023Hindi
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Subject: Urgent Advice Needed - Regarding Partial Cash Payment for Flat Purchase Dear Mr. Samrat Sir, I am writing to seek your urgent advice regarding a potential flat purchase. I am interested in a particular flat, but the owner is requesting a partial payment in cash. Please note that all my funds are held legally in bank accounts, and I have no concerns about the source of my money.i have all white money . However, I am hesitant about making a cash payment, even partially, due to possible legal and tax implications. Therefore, I kindly request your expert guidance on the following: • Legality: Is it legal to make a partial cash payment for a flat purchase in India? Are there any specific limits or regulations regarding cash transactions for property deals? • Tax Implications: Could making a cash payment, even partially, raise any red flags from the tax authorities? What are the potential tax repercussions I should be aware of? • Risks and Alternatives: Are there any other risks associated with making a cash payment, such as the possibility of fraud or disputes? Is it possible to negotiate with the owner for alternative payment methods that are more transparent and avoid cash entirely? I would greatly appreciate it if you could provide your insights and recommendations on how to proceed with this situation in a safe and compliant manner. My primary concern is protecting my financial interests and ensuring a smooth and hassle-free flat purchase. Please feel free to reach out if you require any further information or clarification. I look forward to your prompt response and valuable advice. Thank you for your time and expertise.
Ans: No person shall receive an amount of two lakh rupees or more— (a) in aggregate from a person in a day; or (b) in respect of a single transaction; or (c) in respect of transactions relating to one event or occasion from a person,otherwise than by an account payee cheque or an account payee bank draft or use of electronic clearing system through a bank account or through such other electronic mode as may be prescribed.

Further, cash payment, if any, should be part of sale consideration mentioned in the sale agreement.

..Read more

Ramalingam

Ramalingam Kalirajan  |11185 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Dec 09, 2024

Money
I plan to give Rs 20 Lakhs to my friend to buy a Flat costing Rs 28 Lacs . I am not sure of his repayment capacity but intend to give it as a Loan to avoid I T issues . He plans to pay Interest @ 6% for a period of ten years . Return of capital will be after ten years ,if his family finances improve. I will enter into a Loan Agreement with him .and paying Loan Amount directly to the Seller of the Property . . The person is doing side roles in films and receiving Small amount in cash totalling to Rs 2.5 Lacs per annum . He has not been filing I T Returns at all although he has a PAN. Will the above purchase of property cause any issues for him from I T Authorities since he
Ans: Your decision to extend a loan instead of a gift is prudent. It reduces potential income tax issues for you. Structuring this arrangement through a proper loan agreement ensures legal validity and clarity.

The direct payment to the seller strengthens your case with the tax authorities. It avoids suspicion about unaccounted money being involved in the transaction.

Your friend’s income from side roles in films, though modest, and the absence of tax filings, could raise concerns. This property purchase could attract scrutiny from the Income Tax Department.

Key Considerations for Structuring the Loan
Drafting a Loan Agreement
The loan agreement must clearly outline the terms of interest, tenure, and repayment. Specify the capital repayment timeline of ten years. This document is crucial for tax compliance and transparency.

Payment through Banking Channels
Ensure all transactions are routed through bank accounts. Avoid cash payments at any stage of the process.

Fair Interest Rate
A 6% annual interest rate is reasonable. It avoids being classified as a concessional or interest-free loan. This ensures no deemed gifting complications arise under the Income Tax Act.

Documentation for Proof of Loan
Keep proof of the loan, like bank transaction records, loan agreement, and interest payment receipts. This safeguards both parties from legal complications.

Tax Implications for You
Interest Income
The interest earned at 6% annually is taxable under “Income from Other Sources.” Declare this income in your tax returns every year.

TDS Compliance
Your friend must deduct tax at source (TDS) on the interest paid if applicable. Verify the threshold limits for TDS compliance to avoid issues.

Avoidance of Deemed Gift Issues
Since this is a loan and not a gift, no gift tax liability arises for either party.

Tax Implications for Your Friend
Income Tax Filing Requirement
Your friend’s cash income of Rs. 2.5 lakh annually is below the taxable limit. However, purchasing property valued at Rs. 28 lakh will create an asset in his name. This can draw the attention of tax authorities.

Reporting High-Value Transactions
Property purchases exceeding Rs. 30 lakh must be reported to the tax department. In your friend’s case, though below this limit, the source of Rs. 8 lakh (balance) must be clearly justified.

PAN and Filing of Returns
Encourage your friend to start filing Income Tax Returns. Filing returns enhances financial credibility and avoids scrutiny.

Recommendations for a Smooth Transaction
Source of Funds Verification
Ensure your friend has proper documentation for the Rs. 8 lakh balance payment. This will minimise questions from authorities.

ITR Filing as a Preventive Measure
Advise your friend to file ITR even if his income is below the taxable limit. This helps justify his financial profile in case of scrutiny.

Registering the Property Appropriately
Register the property with accurate details, including the loan arrangement. Keep registration costs and stamp duties in mind.

Monitor Interest Payments Regularly
Track interest payments diligently. Ensure these payments are timely and through proper banking channels.

Final Insights
Your thoughtful approach of structuring this transaction as a loan safeguards both parties. It ensures transparency and compliance with tax laws. Document every step meticulously and keep the financial arrangements clear. Encourage your friend to regularise his tax filings and maintain financial discipline.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

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

..Read more

Mihir

Mihir Tanna  |1112 Answers  |Ask -

Tax Expert - Answered on Oct 11, 2025

Money
Respected Sir, I am a working person in a private office.In September,2022 I (primary applicant) along/joint with my mother(senior citizen,housewife,no income as such) took a 50L Home loan for purchasing a resale/old flat for Rs 69L.In addition to this ,in reality total cost/expense against the property is 96L approx which included standard repair,Mutation,Brokerage charge,flat registration/stamp charges, along with the total interest that I have been paying to bank till date. Now I would like to sale this flat.Do I need to pay long term capital gain tax for this property if I sell this property @103L and out of this amount ,I have to pay 49L to Bank(for Loan closure). Can you please help in elaborately explaining how much tax if any will I need to pay? Or my mother being a senior citizen(house wife,no major income) can showcase that. If the purchaser directly pays the loan amount of Rs 49L to my bank loan account for settling,will that way also save tax and the remaining sale amount is credited to my mother's account? Will be really helpful,if you help in providing in detail your valuable suggestion in order to save some tax here or any alternate way/option.
Ans: Repayment of housing loan will not reduce capital gain tax directly. However, if you want to save tax, you can invest gain amount in another residential property.

Capital gain calculation will depend on contribution given by each of the owner at the time of acquisition of property. If mother doesn't have source of income or old savings, she will not be considered as owner of property. Also brokerage is not allowed as deduction.

Assuming you are 100% owner for income tax purpose and allowable cost is 90L, appx capital gain would be 430000 (assumed 31st March 2025 as date of transfer) on which tax would be 85k plus applicable surcharge cess.

..Read more

Reetika

Reetika Sharma  |628 Answers  |Ask -

Financial Planner, MF and Insurance Expert - Answered on Oct 04, 2025

Latest Questions
Ramalingam

Ramalingam Kalirajan  |11185 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 25, 2026

Asked by Anonymous - May 25, 2026Hindi
Money
Hi, I am 43 yrs old, working as a Senior Delivery Manager in an IT company, CTC is 66lacs. My current investment in MF is 29Lacs, 11Lacs in ULIP insurance and 43Lacs in EPF and 25Lacs in Stocks. Current monthly investment I am doing 1.5lacs in MF, 42K in ULIP and 42K in EPF. I own 2 flats, 1 car, total pending principal amount is currently pending is 55 Lacs and monthly EMI I paid around 90K and all 3 EMI will run for next 7 yrs. My family is completely depending on me, including my wife(Home maker), my son 9yrs and my daughter 1 yr. What is your thoughts on my current investment plan, my liabilities? My monthly expenditure is around 1lacs including everything excluding EMI. I want to get my financial freedom soon so how much money I should have before I decide to get retired. Do I need to change anything on my investment plan? Any financial guidance from Gurus?
Ans: You are doing many things right. At 43, with a high income, disciplined investing habit, good EPF accumulation, decent MF corpus, and strong monthly savings capacity, you are already in a much stronger position than many families in your age group. Your commitment towards family security and wealth creation is clearly visible.

However, because your family is fully dependent on you and you have multiple liabilities running together, this is the stage where proper structuring becomes more important than just investing aggressively.

» Current Financial Position Assessment

– Your total financial assets are already meaningful:

Mutual Funds – Rs.29 lakhs
Stocks – Rs.25 lakhs
EPF – Rs.43 lakhs
ULIP – Rs.11 lakhs

– Total financial assets are around Rs.1+ crore range excluding property value.

– Your monthly investments are also very strong:

MF SIP – Rs.1.5 lakhs
EPF – Rs.42,000
ULIP – Rs.42,000

– Monthly savings discipline itself is excellent.

– Your income-to-expense ratio is healthy even after large EMIs.

This shows strong earning capability and disciplined cash flow management.

» Biggest Positive in Your Case

– Your age is still on your side.

– Your SIP amount is already large enough to create serious wealth over the next 10-15 years.

– Your EMI tenure is only another 7 years. Once loans close, your free cash flow can rise sharply.

– Your current lifestyle inflation looks controlled despite a high salary. That is a major strength.

– You are building assets while managing responsibilities together. That balance is appreciable.

» Area Which Needs Immediate Attention

Your biggest concentration risk is not investment risk.

It is “income dependency risk”.

Entire family depends on one income source.

You have:
– Home loans
– Young children
– Homemaker spouse
– Long responsibility runway

So your financial structure should focus strongly on:
– protection
– liquidity
– retirement independence
– reducing complexity

» About Your ULIP Investment

Your ULIP contribution of Rs.42,000 per month is quite high.

In many cases, ULIPs become less efficient because:
– insurance and investment are mixed together
– charges can reduce long-term efficiency
– flexibility is lower
– transparency is lower
– switching decisions become restricted
– returns may not justify long lock-in periods

Since you already have meaningful MF investing discipline, separating insurance and investment can improve efficiency.

If the ULIP has already crossed lock-in and surrender becomes financially practical, you may evaluate:
– reducing future allocation
– surrendering after detailed review
– redirecting future investments towards quality actively managed mutual funds

Actively managed mutual funds can offer:
– professional fund management
– downside management during market stress
– portfolio correction based on valuations
– flexibility across sectors and market caps

This becomes important for someone like you who cannot afford major capital destruction close to retirement goals.

» Why Active Funds May Suit You Better

You are in wealth-building stage, not passive accumulation stage alone.

Index investing has some limitations:
– no protection during market crashes
– full participation in overvalued sectors
– no valuation-based decision making
– no cash holding flexibility
– weak downside management
– blindly follows index composition

For high-income professionals with family dependency and large future goals, active allocation becomes more useful.

A good Certified Financial Planner along with a qualified Mutual Fund Distributor can help monitor:
– asset allocation
– taxation
– rebalancing
– market cycles
– risk reduction

That guidance itself adds long-term value.

» About Your Stock Portfolio

Direct stocks worth Rs.25 lakhs is acceptable only if:
– portfolio is diversified
– stock selection is research-based
– allocation is monitored
– emotional decisions are avoided

Otherwise, over time, excessive direct equity exposure can create concentration risk.

For senior IT professionals, career stability itself is linked to market cycles. So investment portfolio should not become too aggressive simultaneously.

You may slowly move towards:
– more structured mutual fund allocation
– lower stock concentration
– better diversification

» Your Loan Situation

Outstanding principal of Rs.55 lakhs is manageable considering:
– your income level
– high savings capacity
– remaining tenure only 7 years

This is not an alarming debt level.

However:
– avoid taking any fresh major loans
– avoid lifestyle upgrades through borrowing
– build stronger liquid reserves

Once EMIs close, your cash flow may improve by nearly Rs.90,000 monthly. That itself can accelerate financial freedom significantly.

» Emergency Fund Requirement

This is one area where many high earners underestimate risk.

You should maintain at least:
– 12 months of total household obligations

That includes:
– EMI
– household expenses
– school expenses
– insurance premiums

Considering your profile, emergency liquidity should be strong and easily accessible.

» Insurance Review

Since your family fully depends on you, adequate pure term insurance is very important.

You should review:
– whether existing life cover is sufficient
– whether family goals are fully protected
– whether liabilities are covered adequately

Also ensure:
– family floater health insurance is strong
– critical illness cover is available
– personal accident cover exists

Protection planning is extremely important for single-income families.

» How Much Corpus Needed for Financial Freedom

Your current family expenses:
– around Rs.1 lakh monthly excluding EMI

Future realities:
– children education inflation
– healthcare inflation
– lifestyle inflation
– retirement longevity

After including these, your long-term family requirement can become much larger than current expense levels suggest.

For someone with:
– young children
– dependent spouse
– high lifestyle responsibility
– long retirement horizon

Financial freedom generally requires a very substantial retirement corpus.

You should target a stage where:
– investment income alone can comfortably manage family expenses
– education goals are separately funded
– loans are fully closed
– medical contingencies are covered
– retirement income does not depend on salary

Considering your current savings pace, you are on a good path if:
– investments continue consistently
– income remains stable
– unnecessary liabilities are avoided
– asset allocation is improved

» Suggested Changes in Your Plan

– Continue strong MF SIPs
– Review ULIP continuation carefully
– Increase allocation towards actively managed diversified funds
– Reduce dependency on direct stocks gradually if concentration is high
– Build larger emergency corpus
– Avoid fresh liabilities
– Review term insurance adequacy
– Ensure goal-based investing for children
– Do periodic portfolio rebalancing
– Plan retirement corpus separately from children goals

» Finally

You are already in a financially progressive position. The next stage is not about investing more aggressively. It is about investing more intelligently and structurally.

Your income is strong today. If you combine that with:
– proper risk management
– disciplined investing
– controlled liabilities
– better portfolio structuring
– long-term consistency

then achieving financial freedom in your 50s is very much achievable.

The biggest wealth creators are not always the highest earners. They are the people who sustain disciplined investing for long periods while avoiding major mistakes. You are already showing many of those qualities.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.linkedin.com/in/ramalingamcfp/

...Read more

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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