• Is return of money by builder taxable

I had paid 20 lakh to a builder through own savings and loan for a flat from 2009 to 2011, but he could not deliver the flat till date, i had filed insolvency in 2017 and in fy yr 2018 the builder had paid through dd an amount of rs 18 lakhs, how to show this money in filing it return as it is not a income and since the case has not been closed the NCLT order cannot be produced for the same. please advise as my tax consultant tell me that this will be shown as income.
Asked 6 years ago in Taxation

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8 Answers

Treat this as capital receipt in order to not pay the tax. If you have received extra amount than what you paid then in that case you will have to pay tax on extra amount that has been received by you.

if in case you receive a notice from IT department in future then you may give the clarification to them.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If the said amount is received as a result of court order or petition it will not be considered as income

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

this cannot be shown as income

you did not earn this amount

it was your own amount only which you paid to builder and on the builder defaulting to deliver, he simply refunded that amount to you

in fact you can claim losses for 2 lacs as you received back only 18 lacs and not the full 20 lacs

had the builder paid you the principal plus interest, then the interest component would be taken as your income and charged to tax

ask your CA to show under which provision he says that this amount of 18 lacs will be taken as your income?

 

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

No this is not income if the amount is received from compromise then in that case the deed can be produced along with the details of the case and previous payments.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

it doesn’t come under capital gains tax, but will be added to other income and taxed accordingly. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

If you have reflected this amount in an earlier ITR towards purchase of property now you can show it as cancellation of sale agreement and return of booking amount.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

There are five heads income -

  • Income from Salary
  • Income from House Property
  • Income from Profits and Gains of Business or Profession
  • Income from Capital Gains
  • Income from Other Sources.

And your 18 lacs dose not come under any, i think it will set off.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

If you have paid the tax while earning the money then this money will not be taxable as it is not a capital gain or you are not getting interest on your investment and it is just return of principal amount you have given to builder 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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