• Can or will IT department serve Rs.3.6 lacs income tax demand notice on this builder?

Builder sold 1051 sft under construction flat with 123 sq yds undivided share of land for Rs.2.24 lakhs in 1988 through agreement of sale. 

Builder received entire money progressively and gave possession in 1991. Buyer did not register the flat due to financial difficulties all these 30 years. Buyer paying property tax in his name all these 30 years. Buyer now trying to register the flat. To register the flat, builder now asking the buyer to pay Rs.3.6 lakhs in advance towards income tax demand notice he will get from IT department.

Market rate as on 01 April 2001 Rs.300 per sft and Rs.4,000 per sq yd. Composite market rate today Rs.2,500 per sft. 


Question: Can or will IT department serve Rs.3.6 lacs income tax demand notice on this builder?
Asked 5 years ago in Income Tax

Yes if he is not going to get the flat registered now there are chances that he can receive notice from income tax department.

Also there was a mistake in your last question this will not be LTCG this will be business income for builder and therefore income will be calculated differently.

By reading your questions title I also got carried away and didnt notice that he is a builder.

There is no surety as this is his business income and it all depends on what business income he shows and other details.

If the amount would have been above the limit set by government then there were more chances of him getting a notice but here there are less chances.

If you want any further discussion you can always call.

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
4273 Answers
97 Consultations

5.0 on 5.0

Hi,

 

At the time of scrutiny, AO may ask for details and also serve a notice to the builder.

 

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

- Registry is still pending and the sale value is around Rs. 26 lacs which is less than Rs. 30 lacs for reporting under SFT by the sub-registrar to the ITD. 

Vivek Kumar Arora
CA, Delhi
4846 Answers
1040 Consultations

5.0 on 5.0

Sir,

 

Please note that with the handover of possession flat is deemed sold and income tax liability arise at that time only, sale deed will not trigger any further taxable event.

 

So yes builder will get notice for tax since he has not booked any sales since last 30 years but that has nothing to do with the buyer of flat

 

Vishrut Rajesh Shah
CA, Ahmedabad
928 Answers
39 Consultations

5.0 on 5.0

No even GST shall not be applicable in the given case since under GST also mere a sale deed will not trigger and liability. 

Vishrut Rajesh Shah
CA, Ahmedabad
928 Answers
39 Consultations

5.0 on 5.0

No there is no GST liability either to the builder or to the buyer at the time of registration.

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

No

Vivek Kumar Arora
CA, Delhi
4846 Answers
1040 Consultations

5.0 on 5.0

Yes, it can get a notice to the builder if he registers the property now.

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

5.0 on 5.0

No, there won't be any GST liability.

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

5.0 on 5.0

No payment was made in Pre GST period so no GST requirement

 

Naman Maloo
CA, Jaipur
4273 Answers
97 Consultations

5.0 on 5.0

GST will be charged by the builder.

Priyank Kumar
CA, Agra
63 Answers

5.0 on 5.0

I don't see any income tax or GST liability to builder given that flat was actually sold in 1991 and it's just registration which is happening now.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

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