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Q Is it
necessary to obtain any permission, from the
Income Tax authorities if I want to purchase any
immovable property ? |
A There is restriction on transfer of
immovable property under Section 269UC of the
Income Tax act. |
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Q
Does the Indian Income Tax Act offers any
special incentive for purchase of residential
property by obtaining finance either from banks
or other financial institutions ? |
A Under Section 88 of the income tax you
can claim benefit for the principle repayment,
interest on loan is deductible u/s 24 from
income from House Property. |
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Q Whether the
benefits attached to a residential property are
also available to a commercial property ? |
A No such benefits are not available for
commercial Properties. |
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Q What are
the formalities specified under the Indian
Income Tax Law, if any, that one has to complete
before or after selling any house property,
commercial or residential ? |
A You have to obtain Permission u/s 230A
of the Income Tax Act if the value of the
property to be sold is more than 5 lakh. |
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Q What are
the tax implications of sale of any house
property, commercial or residential ? |
A You are liable to pay Tax on profit
arising from sale of a house property under the
head Capital Gain. |
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Q Whether
incidental charges like brokerage, registration
fees, stamp duty and other charges arising out
of sale of house property deductable from profit
arising on sale ? |
A These expenses are allowable expenses
from the full value of consideration of the sale
of house property. |
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Q Is there
any way by which I can claim exemption from tax
on capital gain ? |
A The Income Tax act has made provision
u/s 54 & 54A--G of the act whereby you can
claim exemption from tax on capital gains. Sec.
54: Purchase or construct another residential
house worth the amount of capital gains. Sec. 54
protects capital gains arising out of sale (or
transfer) of a residential house whether
self-occupied or not, provided the assessee has
purchased within 1 year before or 2 years after
the date of sale of the original asset or has
constructed within 3 years after that date, a
residential house. The only condition is that
the newly-acquired property should not be sold
within 3 years from the date of its purchase or
construction. If this condition is not
satisfied, the cost of the new asset is to be
reduced by the amount of long-term capital gains
exempted from tax on the original asset and the
difference between its sale price and the
reduced cost will be chargeable as short-term
(yes, short-term!) capital gain earned during
the year in which the new asset is sold. This
condition is unfair. One of my readers, Capt.
Shelar, had sold a house situated in a main city
and purchased a more spacious house in the
suburbs. After moving in he found that one of
the neighbours is a goonda and another is
running a brothel. He desired to shift in a
hurry but alas! He found himself trapped. Sec.
54EA & 54EB: Invest within 6 months the
amount of capital gains in avenues covered by
Sec. 54EB which locks in the funds for 7 years
or invest the of sale proceeds in avenues
covered by Sec. 54EA which locks in the funds
for 3 years. Sometimes the same avenue also
attracts tax rebate u/s 88. However, if the
assessee has availed of the Sec. 54EA/EB
exemption from capital gains by contributing a
certain amount, the rebate u/s 88 will not be
allowed on the same amount and vice
versa. |
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