Taxability of Real Estate transactions

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Issues in section 50C • Finality as regards consequences of variation as per section 50C not binding. Ravi Kant v. ITO (ITA No. 3671 of 2006) dt 13/7/07 (Delhi) • Provision yet to be tested in the light of decision in the case of K.P. Verghese V. ITO.(1981) 131 ITR 597 (SC)
Conclusion • AO can refer such cases to Valuation Officer • FMV determined by the DVO may result in addition: u/s 69B in the hands of the buyer : u/s 50C in the hands of the seller • Decision of ITAT in this regard may be very crucial because the value of the asset is a finding of fact • Case of the assessee needs to be properly built and argued
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 and 18: Understatement of consideration •
Page 19: Understatement of consideration •
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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