TaxTMI 
TaxTMI 
TaxTMI 
Immovable property received as stock in trade by gift in not taxable
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....mmovable property received as stock in trade by gift in not taxable<br> Query (Issue) Started By: - Pradeep Jain Dated:- 18-4-2015 Income Tax<br>Income Tax<br>It is written in Taxmann's Direct Tax Rea....
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....dy Reckoner Ay 20014-15 and 20015-16 on page no A-208 (Para 77.5) Immovable property received as stock in trade by gift in not taxable neither in the hands of Transferor nor transferee. I am hereby ....
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....reproduced the said para as under: Immovable property received as stock in trade by gift: X is a dealer in properties. On June 20, 2013, he gets a house property by gift for business purpose from A. ....
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....Stamp duty value of property is ₹ 83 lac. Sec 56(2)(vii) is applicable only when property is received by an Individual or HUF as a capital assets. Since house property in the hands of X is stoc....
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....k-in-trade, nothing will be taxable u/s 56(2)(vii) under the head "Income from Other Sources". In the hands of transferor A, it is not treated as transfer {transfer of an assets by gift in not treate....
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....d as "transfer" u/s 47(iii)} and transferor will not be chargeable to tax u/s 45. Sec 50C will not have any role to play. If X transfers this property as stock in trade, the cost to the previous owne....
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....r A will be taken as cost of acquisition of stock in trade. Please refer with special attention clause (d) of explanation of sec 56(2)(vii). Please comment on the opinion given by author (Sh Vinod K....
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.... Singhania) and advice on the above issue.<br> Discussion Forum - Knowledge Sharing ....