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Anirban Bhattacharya (Service)     06 July 2014

Capital gain tax

Dear All,

I have invested in a property by taking bank loan in this year(July 2014). I have also a house which is in the name of my father. We are trying to sell it off and the house would be sold by this year. The amount of bank loan is more than the selling value of the house. The house to be sold in the name of my mother.

Now, when I get the money from selling the house, what shall I do? Shall I use it to close the loan amount or shall I invest it in capital account scheme or in normal bank account? How can I save myself from capital gain tax and avail exemption?

Also who can guide me in filling the tax return for 2015, since I guess it would be very complex.



Learning

 3 Replies

Anirban Bhattacharya (Service)     07 July 2014

Hi All,

Is there not any fellow SME, who can answer my questions? I really need professional help and suggestion.

Many thanks

T. Kalaiselvan, Advocate (Advocate)     07 July 2014

For this issue, it is better you consult a local tax consultant or an auditor who will be able to guide you properly instead of getting misguided by taking improper advise.

However, for your information, I shall give herein below some tips about it:

The incidence of tax on Capital Gains depends upon the
length for which the capital asset transferred was held before
the transfer. Ordinarily a capital asset held for 36 months or
less is called a ‘short-term capital asset’ and the capital asset
held for more than 36 months is called ‘long-term capital asset’.
Transfer of a short term capital asset gives rise to ‘Short
Term Capital Gains’ (STCG) and transfer of a long term capital
asset gives rise to ‘Long Term Capital Gains’ (LTCG). Identifying
gains as STCG and LTCG is a very important step in computing
the income under the head Capital Gains as method of
computation of gains and tax payable on the gains and
treatment of losses is different for STCG and LTCG.
Short Term Capital Gains (STCG)
Short Term Capital Gains is computed as below:
STCG = Full value of consideration - (Cost of acquisition

+ cost of improvement + cost of transfer

The STCG as arrived above, is taken as income under

Long Term Capital Gains (LTCG)
Long Term Capital Gains is computed as below:
LTCG = Full value of consideration received or accruing
- (indexed cost of acquisition + indexed cost of
improvement + cost of transfer);
For further and full technical details, you may contact an auditor.

Advocate Ravinder (Advocate/Attorney)     07 July 2014

good explanation by Kalai selvan.


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