• Revaluation of capital asset in LLP and later withdrawal of substantial amount by partners

FACTS
1. XYZ P. Ltd. (XYZ) owned a land as capital Asset in 2004. XYZ only two directors, MR. A and Mrs. A
 It has only 2 shareholders, same as directors.
2. In 2005-06 XYZ introduced its land as capital into a firm namely SSS in which there were two partners namely XYZ and MRs. A. the land was considered as stock in trade of the Firm
3. In 2012-13 SSS was converted into LLP namely SSS Llp. XYZ (represented by Mr. A) and Mrs. A continued as Designated partners. (no other director was inducted). LAnd continued as stock of LLP.
4. The land was converted into a marriage garden and considered as fixed Asset w.e.f. 1/4/2016 and shown as such in the audited accounts.
5. In 20019-20 the land was revaluated by raising the value from 10 cr to 100 cr by crediting 45 cr. to each of the partners capital account.
6. one month later 2 new partners PPP and QQQ were introduced and as per terms they brought in 50 cr. each as capital introduction. as per the terms of introduction ppp and qqq became teh designated partners of 45% share each and XYZ P. Ltd. and MRs. A remained ordinary partners of 5% each. 
7. XYZ P. ltd. and Mrs. A withdrew a sum of RS. 45 cr. each their capital in the LLP remained RS. 5 cr each.
QUESTION
1. Is any tax liability of any type in teh hands of any person or LLP ?
2. Is anything wrong or against law in the entire series of events ?
Asked 6 years ago in Income Tax

section 45(4) read with section 2(47) is applicable.

Vivek Kumar Arora
CA, Delhi
5043 Answers
1175 Consultations

Hi,

 

It is advisable to take a phone consultation for detail discussion.

Payal Chhajed
CA, Mumbai
5189 Answers
303 Consultations

Currently there wont be any liability in the hand of any person or LLP.

 

There is nothing wrong or against law in this transaction. There are various case law on same matter, you can refer para. 5.1 of this judgement: https://indiankanoon.org/doc/147756228/

 

I would like to add that old partner need to take share of more tax as and when they sell the land because new partner entered into partnership when it was decided that new value of land would be 100.

 

If you need any tax assistance in Jaipur feel free to contact me.

 

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
4306 Answers
103 Consultations

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