Taxability of Real Estate transactions

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FMV ascertained by DVO • No addition can be made only on the basis of FMV of the asset acquired but • Addition can be made u/s 69B in case inference can be drawn on the basis of material on record that the assessee has invested more amount • Addition to the stated consideration made u/s 69B held to be valid & the finding of ITAT regarding value of the property upheld being a finding of fact Smt Amar Kumari Surana v. CIT (1996) 89 Taxman 544 (Raj)
Understatement of consideration • Agreement as well as other documents seized during the course of search stating amounts more than the sale consideration as per the sale deed • Held; The court cannot come to the conclusion that the price mentioned in the sale deed is not correct unless it is proved that the amount stated in the agreement was paid CIT v. K.C. Agnes and others (2003) 262 ITR 354 (Ker( Ker)
Page 1 and 2: Taxability of Real Estate transacti
Page 3 and 4: Reference to Valuation Officer •
Page 5 and 6: Section 142A • To estimate the va
Page 7 and 8: Section 50C • Value for the purpo
Page 9 and 10: Questions • Whether AO can refer
Page 11 and 12: Consequences of higher valuation by
Page 13 and 14: Understatement of consideration •
Page 15 and 16: Consequences • K.P. Verghese v. I
Page 17: Understatement of consideration •
Page 21 and 22: Conclusion • AO can refer such ca
Page 23 and 24: Exemption U/s 54 Capital Gains > Co
Page 25 and 26: Profit on sale of capital asset oth
Page 27 and 28: Exemption U/s 54F Net consideration
Page 29 and 30: Cost of plot • Whether cost of pl
Page 31 and 32: Purchase of more than one house •
Page 33 and 34: Purchase of more than one house •
Page 35 and 36: Execution of sale deed • Payment
Page 37 and 38: Section 54F • Pre condition that
Page 39 and 40: Non residential use of house • Ho
Page 41 and 42: Collaboration agreement • Whether
Page 43 and 44: Payment for SFS/ CGHS flat • Whet
Page 45 and 46: Construction with in 3 years • As
Page 47 and 48: Transformation of an asset • Asse
Page 49 and 50: Death of the assessee • Legal hei
Page 51 and 52: Farm House • Whether a farm house
Page 53 and 54: Capital asset acquired u/s 49 • E
Page 55 and 56: Capital Gains Scheme • Funds give
Page 57 and 58: Section 54GA • Shifting from urba
Page 59 and 60: Agricultural Land • What is agric
Page 61 and 62: Implications • How the distance t
Page 63 and 64: Agricultural land Section 10(37)
Page 65 and 66: Issues Section 54B • Exemption on
Page 67 and 68: Conversion of capital asset into st
Page 69 and 70:
Transfer of capital asset • By pa
Page 71 and 72:
Transfer by Firm to the Partner Sec
Page 73 and 74:
Admission of a partner • Partner
Page 75 and 76:
Admission after revaluation • Rev
Page 77 and 78:
Section 45 (4) • Whether transfer
Page 79 and 80:
Family settlement • Bona fide set
Page 81 and 82:
Mode of Computation of Capital Gain
Page 83 and 84:
Developers of Real Estates • Tran
Page 85 and 86:
Agreement • Agreement to sell may
Page 87 and 88:
Recognition of Revenue & Expenses I
Page 89 and 90:
Reliable estimates possible Total R
Page 91 and 92:
Advance money received Section 51 -
Page 93 and 94:
Treatment of advance • Cost of ac
Page 95:
Presentation by Mr Sunil Arora aror
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Taxability of Real Estate transactions

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