yes.
If your spouse sells house to clear debits and could not pay capital gains due to lack of funds,can the department penalise her spouse
If a person defaults to pay capital gain tax due to bankrupt and if there is no property left in her name what action can be initaited against her by IT dept and can they proceed against spouse for recovery
Dear Sir,
In case a person benefits from Capital Gain and does not pay the due taxes then the Department can penalise the assessee.
Trust this clarifies your query.
Please feel free to call/ get back in case of any further clarifications.
Thanking You.
Regards,
Rohit R Sharma
BCOM, ACA, LLB-GEN, CERT. FAFP
Dear Sir,
No the Department will not proceed against the spouse, but they have the power to proceed if the spouse has any way benefited from the other spouse, then they are liable to the extent of Benefit.
eg. I A goes bankrupt and any time before bankruptcy transfers Rs.10,000/- to B, Then B shall be help liable upto the extent of Rs.10,000/-.
Trust this clarifies your query.
Please feel free to call/ get back in case of any further clarifications.
Thanking You.
Regards,
Rohit R Sharma
BCOM, ACA, LLB-GEN, CERT. FAFP
1. Yes, If your spouse sells house to clear debits and could not pay capital gains due to lack of funds, department is likely to penalise your spouse.
2. No, the department will not proceed against spouse for recovery, untill or unless they believe that the money has been transferred from you to your spouse before the bankruptcy.
Please feel free to revert in case of any doubts.
Thanks and Regards,
CA Abhishek Dugar
Technically upto how many years the IT dept can raise the notice .For example if the sale is in 2008 can they give notice in 2016.Can u clarify please
Technically upto how many years the IT dept can raise the notice .For example if the sale is in 2008 can they give notice in 2016.Can u clarify please