Your wife was only representing you. An agency is created by a power of attorney wherein your wife acted as your agent. Therefore you will solely be liable.

You are liable for payment of taxes 

2) your wife has acted as your agent for sake of property 

Hello,

It's you who have to pay the tax.

Regards

The answer to your query is that only 'you' shall be liable for any levy of tax and not your wife because of the following reasons:

• Your wife was not the co-owner and only the signing authority was given to her through GPA.
• Capital gains cannot be taxed to a GPA holder who is himself / herself not the owner.
• Clearly, there is no “transfer of capital asset” (as per Section 2(47) of the Income- Tax Act, 1961) from your wife's side, so as to attract provisions of long term capital gains and short term capital gains.

Hope this satisfies your query!

Remember that your wife was just an agent appointed by you to carry out the tasks on your behalf as you were not able to do by yourself due to various reasons.

Thus all the acts done by your wife in the capacity of your power agent is deemed to be done on your behalf hence all the responsibilities and liabilities shall be on you in this regard.

The capital gains liability are also to be borne by you.

She is in no way responsible to pay the capital gains tax. 

Legally speaking, it is your property, you have sold the proeprty either by yourself or through your representative hence you are liable to pay the long/short term capital gains as applicable.

You alone are responsible for capital gain tax. 

You alone are responsible for capital gain tax. Under the Income Tax Act, capital gains tax in India need not be paid in case the individual inherits the property and there is no sale. However, if the person who has inherited the property decides to sell it, tax will have to be paid on the income that has been generated from the sale..

1. Whoever took the sale proceeds of the apartment is responsible for all taxes, including capital gains tax.

2.  Because the property was owned by you and you only authorised her to represent you by appointing her as an agent through POA, it's your responsibility to pay all the taxes, including capital gains tax.

As you are seller sale consideration is collected for you, your wife is just your attorney. You are liable for all the taxes like capital gain tax and TDS.

Hi 

Legally you are liable for payment of capital gains as you are the registered owner of the property. 

Case law for reference Hon’ble Supreme Court in the case of Suraj Lamp and Industries (P.) Ltd. v. State of Haryana [2012] 340 ITR 1  and Hon’ble ITAT Jaipur has decided the issue in the case of Shri Suraj Narain Khatoria, vs. Income Tax Officer ITA No 1043/JP/2011 AY 2008-09 order dated [deleted] in favor of assessee.

Hope this information is useful. 

Hello, 

1. The Power of Attorney holder has only a representative capacity and all the acts and deeds done by the PoA are deemed as acts done by the Principal who gave authority to the PoA. 
2. Therefore, it would be you that has the tax liability. 

Dear Sir,

1) Your wife has acted as POA o your behalf.

2) As you were the owner, you have to pay the tax.

Thank you

- You are responsible for tax like capital gains 

- Your wife has not gained any capital from the selling of that property legally , and she was only an agent on your behalf for selling the property . 

You will he responsible for the payment of capital gain tax power of attorney holder was just your mere representative. 

Has the consideration amount been received by you?

the grantor of the GPA is liable

wife is only the agent of the grantor/principal

the owner of the property is the grantor of the GPA who will be liable for paying the capital gains tax