Compliance portal: Tax liability from Purchase of Immovable property

A taxpayer who has purchased an immovable property(from undisclosed income) might receive a query on the compliance portal. As per the Income Tax Act, any unexplained investment is considered as Income for that Financial Year u/s 69 and 69B.

Important aspects that can be considered, for the query on compliance portal regarding purchase of immovable property, are as follow:

• If a person receives an immovable property without consideration or with disclosed consideration is lower by more than Rs. 50,000/- then the stamp valuation, the difference will be considered as an income in the hands of the purchaser.
• If the sale has not been executed but the agreement of the sale is prepared, provisions of section 50C and 56(2) will apply.

Taxpayers who receive an SMS or any communication via call or email from ITD are likely to face some verification issues in their ITRs. Taxpayers can receive the SMS for three reasons:

1. Not filed ITR or The ITR is not filed in the given assessment year and has potential tax liability pending.
2. Details provided by taxpayers and Information received to the ITD don’t match for that particular assessment year.
3. Significant transactions get reported to the Income Tax department during a financial year which is considered abnormal or out of line with the profile of the taxpayer.

Taxpayers who have received any such verification issue needs to submit a response to those issues raised on the compliance portal. The response has to be submitted online by logging into the compliance portal.

Verification issue in the computation of tax liability on the Purchase of Immovable Property

A1- Correct Information value

The total of all the amount paid for the purchase of the immovable property has to be mentioned here. The purchase amount and all the expenses like stamp duty etc. In the case of co-ownership, the taxpayer should mention his/her share of investment and give details like name, PAN and share of other co-owners under the remarks section.

A-2 Out of earlier income or savings

If any part of the investment or expenditure is made out of earlier income or savings then it should be mentioned with the amount under this category. Suitable remarks are also required under the remarks section.

A3- Out of receipts exempt from tax

Available exemptions are listed below in the drop-down list. After choosing the relevant exemption the value of the receipt will be determined.

• Interest income u/s 10.
• Dividend income u/s 10(34)
• Long-term capital gains on shares u/s 10(38).
• Agricultural income u/s 10(1).
• Share in the total income of firm/AOP etc. u/s 10(2A)
• Income is not taxable in India.
• Others

If this field is selected you will be displayed the following rows:

A4- Received from identifiable persons (with PAN)

If any amount is received from an identifiable person who holds a valid PAN, then his/her details are to be mentioned as per the following table:

The Transaction Type consists of:

• Sales
• Loan Received
• Loan Repayment
• Gift Received
• Donation Received
• Other Receipt.

The Transaction Mode consists of two options i.e ‘Cash’ and ‘Non-cash’. More rows can be added by clicking on the button ‘Add Row’. Suitable remarks are to be provided under the remarks section.

A5- Received from identifiable persons (without PAN)

If any amount is received from an identifiable person who doesn’t hold a PAN, then his/her details are to be mentioned as per the following table:

A6- Received from un-identifiable person

If any amount is received from an unidentifiable person, then his/her details are to be mentioned as per the following table:

A7- Others

If any amount which was not covered in any of the above-mentioned categories then it should be mentioned here. Suitable remarks are to be provided under the remarks section.

A8- Unexplained amount

This section computes a figure (A1 – (A2+A3+A4+A5+A6+A7)), for which no explanation is provided.

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