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Mihir

Mihir Tanna  |801 Answers  |Ask -

Tax Expert - Answered on Nov 17, 2022

Mihir Tanna has more than 10 years of experience in direct taxation, including filing income tax returns.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
Swadhin Question by Swadhin on Nov 17, 2022Hindi
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I am a senior citizen retired pensioner.

I had intention to sell my both properties located in one town and to invest in one property in another town where I wanted to settle in my retired life. I wanted that the sale proceeds of my two properties should be almost same as the purchase value of a single property in another town to settle there.

I had bought a property in 2015 at Rs 40 lakh in my single name and sold in Feb 2022 at Rs 52 lakh. The buyer deducted 1% TDS and filled in form 26QB and I got form 16(B) from buyer and details of TDS are seen reflected in my Form-26AS.

Thereafter, my 2nd property that I had bought @Rs 7.3 lakh 20 years back, was attempted to dispose, but did not materialise till now. 

Anyway, I bought a 5-yr-old jointly owned property from a couple at Rs 80 lakh in June 2022 and deducted 1% TDS (@0.5% from each owner), filled in Form 26QB and provided form 16(B) to the sellers. 

So, I invested the sale proceeds of my 1st house 'within a year' of its disposal, in buying a house from Long Term Capital Gain point of view.

My IT Return for AY 2022-23 was filed in July 2022 and it got approved. The 1% TDS deducted by buyer on my 1st property sale got refunded/ adjusted. 

I am still trying to sell my 2nd property 'within one year' of buying the June, 2022 property. I want to do this to take benefit of Long Term Capital Gain Tax.

I want to know whether I am going to get the IT benefit by selling my 2nd property 'within one year' of purchase of my June 2022 property ?

I am more eager to know how sale of 1st property in financial year 2021-22 (Feb.'22), purchase of a property in FY 2022-23 (June'22) and again sale (proposed) of 2nd property, (all within 2 years from LTCG point of view) are shown in my next IT Return (AY2023-24). 

I am eager to hear from you, Sir!

Ans: As you must be aware, if person wants save tax on capital gain, person should acquire another residential house within a period of three years from the date of transfer of the old house or should construct a residential house, within a period of one year before or two years after the date of transfer of old house.

With effect from Assessment Year 2021-22, the benefit in respect of investment made in two residential house properties is available. The exemption for investment made, by way of purchase or construction, in two residential house properties shall be available if the amount of long-term capital gains does not exceed Rs 2 crore.

If assessee exercisesoption, he shall not be entitled to exercise this option again for the same or any other assessment year.

Benefit will be lower of following:

  • Amount of capital gains arising on transfer of residential house; or
  • Amount invested in purchase/construction of new residential house property

If till the date of filing the return of income, the capital gain arising on transfer of the house is not utilised (in whole or in part) to purchase or construct another house, then the benefit of exemption can be availed by depositing the unutilised amount in Capital Gains Deposit Account Scheme in any branch of public sector bank, in accordance with Capital Gains Deposit Accounts Scheme, 1988.

So in your case, if you satisfy all the prescribed conditions (including acquiring new property within 3 years, depositing unutilised amount in capital gain deposit account and disclosure is made regarding same in ITR of AY 2022-23 & AY 2023-24); you will get IT benefit.

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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Tejas

Tejas Chokshi  |126 Answers  |Ask -

Tax Expert - Answered on May 29, 2023

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I have bought a plot for Rs.3 Lakhs in the year, 2006 and constructed a house by taking a bank loan of Rs.10 lakhs in the year, 2007. Now, I have sold this house for Rs.80 lakhs in the year, 2023. What are the capital gains tax I should be paying on this? The buyer has paid Rs.75 K towards TDS on this deal and duducted the same from the sale proceeds due to me. Can I claim this TDS from the IT department? Please clarify.
Ans: To calculate the capital gains tax on the sale of your house, we need to consider the acquisition cost, the cost of improvement, and the sale proceeds. Let's break down the calculations:

Acquisition Cost:
The acquisition cost is the amount you paid for the plot in 2006, which is Rs. 3 lakhs.

Cost of Improvement:
The cost of improvement includes the expenses incurred for constructing the house. In this case, it is the bank loan you took of Rs. 10 lakhs in 2007.

Indexed Cost of Acquisition and Improvement:
To adjust the acquisition cost and cost of improvement for inflation, we need to calculate the indexed cost. The indexed cost is calculated using the Cost Inflation Index (CII) provided by the Income Tax Department. The CII for the relevant years can be found on the Income Tax Department's website.

Let's assume the CII for the year 2006-2007 was 122, and for the year 2007-2023 (the year of sale), it was 317.

Indexed Cost of Acquisition = Acquisition Cost × (CII for the year of sale/CII for the year of acquisition)
Indexed Cost of Acquisition = Rs. 3 lakhs × (317/122) = Rs. 7,79,508=19

Indexed Cost of Improvement = Cost of Improvement × (CII for the year of sale/CII for the year of improvement)
Indexed Cost of Improvement = Rs. 10 lakhs × (317/122) = Rs. 25,98,360=65

Capital Gain:
To calculate the capital gain, deduct the indexed cost of acquisition and the indexed cost of improvement from the sale proceeds.
Capital Gain = Sale Proceeds - (Indexed Cost of Acquisition + Indexed Cost of Improvement)
Capital Gain = Rs. 80 lakhs - (Rs. 7,79,508=19+ Rs. 25,98,360=65)
Capital Gain = Rs. 46,22,131=16

Capital Gains Tax:
The capital gains tax depends on whether the property is held for the long term or the short term. In this case, since you held the property for more than 24 months, it qualifies as a long-term capital asset.
For long-term capital gains, you have the option to pay tax at a rate of 20% with indexation benefits or 10% without indexation benefits, whichever is lower. Indexation benefits adjust the acquisition and improvement costs for inflation.

Assuming you choose the 20% tax rate with indexation benefits, the capital gains tax would be:

Capital Gains Tax = Capital Gain × 20%
Capital Gains Tax = Rs. 46,22,131=16 × 20%
Capital Gains Tax = Rs. 9,24,426=23

Regarding the TDS (Tax Deducted at Source) of Rs. 75,000 paid by the buyer, you can claim credit for this amount while filing your income tax return. The TDS can be set off against your tax liability or claimed as a refund if it exceeds your tax liability. Make sure to provide the necessary details and documentation when filing your tax return to claim the TDS amount.
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Tejas

Tejas Chokshi  |126 Answers  |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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Hello sir, im a married business women running my own store but after i become a mother ,my business is going in loss. Is it im not will balancing between motherhood and business. Please give me some advice.
Ans: Hello!!
You are a married business woman and now you are a mother too!! Congratulations!!
There was a time in the world when a woman was revered just because she was a mother, she carried humanity forward, that in itself was a big responsibility. It is time to put the mother back on the pedestal.....in India they say giving birth, is like a 'punarjanam', rebirth for a woman. Don't you deserve some rest at least for 40 days before you start thinking of your business and all. Your body has undergone a lot during pregnancy and birth of your child. Rest a little, heal well and then get back to work. You deserve it!!

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Ramalingam Kalirajan  |867 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 25, 2024

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Hello Sir.I am 30 year old from Kolkata,I have been investing in Mutual Fund for SIP of Rs.5000/- monthly since October 2021 with a plan for long term investment.My Portfolio has this equity diversification i.e.Axis Focused 25 Fund Direct Plan Growth,Mirae Asset Large and Mid Cap- Direct Growth plan,Nippon India Small Cap Fund Direct plan growth,HSBC Small Cap fund Direct growth plan and SBI Small Cap Fund Direct Plan Growth. All these all together have accumulated alongwith profit and loss amount of Rs.152000/- .Now whether can i withdraw profit amount only and invest in lumpsum to different fund manager without stopping existing SIP? Also suggest me good portfolio with good return over long term.Please Sir Thanks and Regards Praveen Das
Ans: Hello Praveen,

It's great to see your proactive approach towards long-term investing at 30. Building a diversified equity portfolio through SIPs reflects a disciplined savings habit and a focus on wealth creation.

Regarding your query about withdrawing the profit amount and investing it lumpsum in a different fund without stopping the existing SIPs, it's absolutely feasible. You can choose to reinvest the profit amount in a lumpsum in a different fund manager while continuing your SIPs. However, before making any changes, consider the tax implications and exit load, if any, on the profit amount.

Now, for suggesting a portfolio with good returns over the long term, it's essential to have a balanced approach with exposure to various market segments. Given your existing holdings, you might consider adding a large-cap or flexi-cap fund to provide stability to your portfolio. Additionally, having exposure to international funds or thematic funds can provide diversification and potentially enhance returns.

A Certified Financial Planner can offer personalized advice, analyzing your risk profile, financial goals, and investment horizon. They can guide you on optimizing your portfolio, ensuring a mix of funds that align with your objectives and risk tolerance.

Remember, investing is a journey, and staying invested with a long-term perspective while periodically reviewing and rebalancing your portfolio can help you achieve your financial goals. Best wishes on your investment journey!
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Pabak Asked on - Mar 16, 2024 I am 70, my wife 56, have a working daughter 25, yet to get married. I have a corpus as follows: Please advise how to re-arrange my savings to generate 35K pm. Daughter's marriege budget is 20 lakh. Presently invested in wife' head Rs. 30lakh in post office TDs laddered for matyrity from 2025 in 4 years( 7Lin 2025, 13Lakh in 2026, 6.5 lakh in 2027 and rest 3.5 lakh in 2028. In my head: SCSS Rs 30 Lakh . In Ujjivan Bank FD 10 Lakh, In running PPF with contribution Rs. 35 Lakh. Total 1.05 Cr. Further I have 9 Lakh in MIS jointly with wife. Regards,
Ans: Hello Pabak,

Firstly, it's commendable that you have a structured approach towards managing your savings at 70. Your concern for your daughter's marriage and planning for a regular income is indeed thoughtful.

To generate 35K pm from a corpus of 1.05 Cr, a withdrawal rate of approximately 4% annually would be required. However, considering your daughter's marriage budget of 20 lakh and other financial commitments, it's essential to strike a balance between growth and liquidity.

Given the laddered maturity of post office TDs, it aligns well with your near-term requirements. However, to optimize returns, you might consider diversifying a portion from SCSS and Ujjivan Bank FD into debt funds or conservative balanced funds. This can potentially enhance returns while maintaining liquidity.

Your PPF contribution of 35 lakh can continue to grow, providing a tax-efficient and secure avenue for long-term savings. Additionally, the 9 lakh in MIS jointly with your wife can be a source of regular income.

A Certified Financial Planner can offer personalized advice, analyzing your financial landscape, and suggesting adjustments tailored to your financial goals, risk tolerance, and investment horizon. They can guide you on optimizing your portfolio to meet both short-term and long-term financial needs, ensuring a balance between growth and income.

Remember, a well-structured financial plan not only meets your financial goals but also offers peace of mind, allowing you to cherish moments with your loved ones.
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Ramalingam Kalirajan  |867 Answers  |Ask -

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Ramalingam Kalirajan  |867 Answers  |Ask -

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Hii sir, I am currently investing in following funds from last 2-3 years Sbi bluechip-2500/- Mirae emerging bluechip-2500/- Axis midcap- 2500/- Canara robeco emerging equity-1000/- Sbi technology- 2500/- Parag flexi cap- 4000/- Axis small- 3000/- Quant small cap- 5000/- Total of 23k per month. Would just like start a new sip, so can you suggest if I can invest in index fund or any Nasdaq fund for diversification? Or my current portfolio is diversified enough? If so I will increase SIP in any of the above funds instead of new SIP? Pls suggest
Ans: Your current investment portfolio is quite diversified with exposure to large-cap, mid-cap, flexi-cap, sectoral, and small-cap funds. It's evident that you've been proactive in building a mix that aligns with your investment goals over the past 2-3 years.

Considering your query about adding a new SIP, diversifying into an index fund or a Nasdaq fund can be a good idea to add an international flavor and potentially benefit from global market movements. This can also serve as a hedge against domestic market volatility.

However, before adding a new fund, it's essential to evaluate your current portfolio's diversification. While you have a good mix of funds, assessing overlap and concentration is crucial. You might consider increasing SIPs in existing funds to maintain a balanced allocation or add a new index or Nasdaq fund for further diversification.

A Certified Financial Planner can provide personalized guidance, analyzing your current portfolio, and suggesting adjustments aligned with your financial goals and risk tolerance. Remember, diversification is key to managing risk, but it's equally important to avoid over-diversification, which can dilute returns. Best wishes on your investment journey!
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Ramalingam Kalirajan  |867 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 25, 2024

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Hello sir, regarding previous question on 3.5 cr corpus and wants return of 1lakh per month. Why cant he simply keep it in FD @7% interest and get 2lacs income monthy.
Ans: Your question raises a valid point about the simplicity and perceived safety of Fixed Deposits (FDs). While FDs offer a guaranteed return, there are some aspects to consider when opting for them as a primary source of income:

Inflation: The 7% FD rate might seem attractive now, but inflation erodes the purchasing power of money over time. A higher FD return might be necessary to combat inflation and maintain the real value of the invested amount.
Taxation: Interest income from FDs is taxable as per the investor's income tax slab. For someone in the higher tax bracket, the post-tax return might be significantly lower than the pre-tax return, reducing the effective yield.
Liquidity: FDs typically come with a lock-in period, and breaking them prematurely might attract a penalty. This could impact liquidity, especially in emergencies.
Interest Rate Risk: In a falling interest rate scenario, locking into an FD at a lower rate might result in missed opportunities for higher returns from other investment avenues.
Diversification: Putting all the corpus in FDs exposes the investor to concentration risk. Diversifying across different asset classes can help in spreading the risk and potentially enhancing returns.
While FDs offer safety and guaranteed returns, it's essential to consider the impact of inflation, taxation, and liquidity needs. A Certified Financial Planner can provide personalized advice considering the investor's financial goals, risk tolerance, and income needs. They can help in designing a well-balanced portfolio that meets the income requirements while ensuring capital preservation and growth over the long term.

Remember, while FDs can be a part of the investment strategy, relying solely on them might not be the most efficient way to generate a monthly income of 1 lakh from a 3.5 cr corpus, especially when considering factors like inflation, taxation, and investment opportunities in other asset classes.
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Ramalingam

Ramalingam Kalirajan  |867 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 25, 2024

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Hi Sir, i am 50 years old investing in HDFC Top 100 regular growth - 2k, ICICI prudential blue chip fund direct growth -3k, ICICI (P.H.D) fund direct growth - 1k, Kotak flexi cap fund direct growth - 1k, PPFAS flexi cap direct growth - 3k, DSP midcap direct plan growth - 3k, ABSL frontline equity fund regular growth - 3k, Axis blue chip fund regular growth - 3k, PGIM midcap Opportunities fund direct growth- 3k, Motilal oswal S&P 500 index fund direct growth - 1k, Nippon India Multicap fund direct growth - 3k from last 4 years and want to invest for another 5 years. Any suggestions for change
Ans: It's commendable to see your disciplined approach towards investing at 50. Your current portfolio is well-diversified across large-cap, flexi-cap, mid-cap, and index funds. Let's review your portfolio and suggest some potential changes or adjustments considering your age and investment horizon.

Portfolio Review:

Diversification: Your portfolio is diversified across different mutual fund categories, which is good for risk management.
Expense Ratio: As you're investing in regular plans, consider shifting to direct plans of the same funds to save on expense ratio and increase returns over the long term.
Mid-cap Exposure: Given your age and proximity to retirement, you might consider reducing exposure to mid-cap funds as they are generally more volatile compared to large-cap funds.
Suggestions:

Consolidation: Consider consolidating similar categories of funds to streamline your portfolio and reduce overlap. For example, you have exposure to multiple large-cap and flexi-cap funds; you can consider retaining 2-3 funds from each category based on performance and consistency.
Shift to Direct Plans:
While shifting to direct plans can help in reducing the expense ratio, staying with regular plans has its benefits. Regular plans offer the advantage of having the support and guidance from a Mutual Fund Distributor (MFD). An MFD can provide valuable insights, updates on market trends, and personalized advice tailored to your investment needs. They can assist in navigating the complexities of mutual fund investments and ensure your portfolio remains aligned with your financial goals and risk tolerance. Additionally, the expertise and ongoing support from an MFD can be particularly beneficial, especially for investors who prefer professional guidance and assistance in managing their investments effectively.
Reduce Mid-cap Exposure: Given your age and risk profile, consider reducing exposure to mid-cap funds. You can shift a portion of your mid-cap investments to large-cap or flexi-cap funds to maintain a balanced portfolio.
Review Performance: Periodically review the performance of your funds compared to their benchmarks and peers. Consider replacing underperforming funds with better-performing ones.
Consult a Certified Financial Planner: Given the complexities of mutual fund selection and individual financial situations, it's beneficial to consult a Certified Financial Planner. They can provide personalized advice tailored to your financial goals, risk tolerance, and investment horizon. They can help you optimize your portfolio, suggest suitable changes, and guide you on achieving your financial goals.
Remember, regular review and adjustments are essential to ensure your portfolio remains aligned with your financial goals and risk tolerance. Best wishes on your investment journey!
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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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