• 54EC bonds

Hi,

Thank you all for clarifying my previos questions. Could you please clarify the below 2 questions

1. I sold a property for around 1.22 crore accepted through cheque and mentioned in the agreement to buy between the buyer and us(seller), but the property was registered to the buyer for 90 lacs. Now,
when calculating the Capital Gain on this property, should we consider the sale value as 1.22 crore or the registered value i.e. 90 lacs?

2. Now, lets assume we consider 90 lacs as the sell value, and in that if my capital gain is around 60 lacs. If I invest 50 lacs in 54EC Bonds, on which amount i need to pay capital gain tax? 
a. my remaining capital gain amount (60-50) = 10 lacs
b. my remaining amount (90-50) = 40 lacs

If i need to pay only for the remaining 10 lacs, can i show the remaining sale amount that i have received as income exempt from tax? or do i have to pay any other tax for that amount too?

Apologies for the big question and all the details. Hope you can help.
Thanks in advance.
Asked 5 years ago in Capital Gains Tax

Hi,

- 1.22 cr will be considered as sale value

- 50 lacs exemption is from capital gain and on balance you need to pay tax.

Thanks

Vivek Kumar Arora
CA, Delhi
4840 Answers
1037 Consultations

5.0 on 5.0

Hi,

For capital gains computation you will need to consider sales price as 1.22cr.

You will need to pay tax on the unutilised portion of the capital gains. For the remaining money, there is no tax liability.

Regards,

Nikhil

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

Dear Sir,

Hope you are doing well !

1. 1.22 cr should be considered as sale value.

2. You need to pay tax on Rs. 10 lakh i.e. remaining capital gain amount.

Thanks & Regards,

Payal Chhajed

Payal Chhajed
CA, Mumbai
5188 Answers
288 Consultations

5.0 on 5.0

First of all if the entire amount has been received in cheque then why have you made a registered deed of 90 lakh?

What is its circle rate or stamp duty rate you will have to show sale consideration as stamp duty value as mentioned in section 50C and even if you show 90 lakh officer will ask why have the purchaser paid you extra 30 lakh?

2 it's on remaining 10 lakh.

3 how will you show remaining sale amount as exempt? Under which section.?

You need to pay tax.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4272 Answers
97 Consultations

5.0 on 5.0

Hi,

1. You should show actual sales consideration of 1.22 crores.

2. Assuming 60 lacs of capital gain, if you invest 50 lacs in bonds and you only need to pay tax on 10 lacs.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Hi,

1. Sales consideration would be 1.22 crores.

2. Your remaining capital gain amount would be INR 10 lacs on which you will have to pay tax. However, since capital gain will be calculates using 1.2 crores as sales value, your capital gain may not be 60 lacs. It will increase.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

1. Sale value-1.22 Cr

2. You need to pay only for the remaining 10 lacs

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

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