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“stamp duty value”

Capital GainsSection 50CSection 50C1,254 judgments

The decision most relied on for stamp duty value is Sunil Kumar Agarwal v. CIT (372 ITR 83), cited in 159 judgments on BharatTax.

Leading authorities on stamp duty value

Sunil Kumar Agarwal v. CIT
372 ITR 83 · 2015 · High Court
159
citing judgments

The Assessing Officer is duty-bound to refer the valuation of property to the Departmental Valuation Officer under Section 50C(2) when an assessee disputes the stamp duty valuation or if there is a discrepancy between the actual sale consideration and the guideline value. This reference is mandatory, even if not explicitly requested by the assessee, to ensure a realistic fair market value and avoid injustice.

Maria Fernandes Cheryl v. ITO (International Taxation)
123 Taxmann.com 252 · 2021 · ITAT
65
citing judgments

The amendment introducing a tolerance band (safe harbour) under section 50C, allowing a difference of up to 10% between actual sale consideration and stamp duty valuation, applies retrospectively. If the difference falls within this limit, the actual sale consideration is adopted as the full value of consideration for computing capital gains.

Maria Fernandes Cheryl v. ITO
187 ITD 738 · 2021 · ITAT
58
citing judgments

The third proviso to Section 50C(1) of the Income-tax Act, 1961, which provides a tolerance band of 10% between the sale consideration and the stamp duty value, is retrospective. This curative and declaratory amendment applies from the date of the insertion of Section 50C.

PCIT v. Swananda Properties (P.) Ltd.
111 Taxmann.com 94 · 2019 · High Court
50
citing judgments

Prior to the incorporation of the proviso to section 43CA(1) with effect from 1st April 2019, section 43CA did not envisage any limit regarding the difference between the stamp duty value and the actual sale consideration received by the assessee for the transfer of immovable property that was stock-in-trade.

Dharmashibhai Sonani v. ACIT
161 ITD 627 · 2016 · ITAT
48
citing judgments

Dharmashibhai Sonani holds that if a statutory proviso is declaratory and curative, intended to remedy unintended consequences of a main provision, it should be given retrospective effect. This principle applies when determining the effective date of such provisos, including the third proviso to Section 50C(1).

Atul G. Puranik v. ITO
132 ITD 499 · 2011 · ITAT
43
citing judgments

Section 50C of the Income Tax Act, 1961, which is a deeming provision, applies only to the transfer of "land or building or both" and therefore does not apply to the transfer of leasehold rights.

CIT v. Vummudi Amarendran
429 ITR 97 · 2020 · High Court
39
citing judgments

The first and second provisos to Section 50C(1) are retrospective in nature and applicable from the inception of the main section. The third proviso to Section 50C(1) is also retrospective and applies from the same date as the main provision.

P Varghese v. ITO
24 CTR 358 · 1981 · Supreme Court
25
citing judgments

The Revenue must prove that the assessee received more consideration than declared when challenging a sale transaction. The declared sale consideration is accepted unless evidence proves otherwise.

Judgments citing stamp duty value

Ratnadeep Infrastructure Private Limited, Ahmedabad vs. Income Tax Officer, Old Ward 3(1)(3), New Ward 3(1)(2), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1491/AHD/2025[2012-13]Status: DisposedITAT Ahmedabad06 Nov 2025AY 2012-13

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal1. आयकर अपील सं /Ita No.1490/Ahd/2025, Asst.Year 2011-12 2. आयकर अपील सं /Ita No.1491/Ahd/2025, Asst.Year 2012-13 Ratnadeep Infrastructure The Income Tax Officer बनाम/ Private Limited Old Ward-3(1)(3) V/S. 126, 1St Floor New 3 (1) (2) Neelam Shopping Center Krishna Nagar Chowk Ahmedabad – 382 346 "थायी लेखा सं./Pan: Aaecr 5728 F (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Chetan Agarwal, Ar Revenue By : Shri Abhijit, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 16/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Of Even Date 01/07/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2011-2012 & 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal In Ita No.1490/Ahd/2025 For Ay 2011-12:

For Appellant: Shri Chetan Agarwal, ARFor Respondent: Shri Abhijit, Sr.DR
Section 131Section 143(1)Section 143(3)Section 147Section 250Section 271(1)(c)Section 69

addition, the CIT(A) held that there was a significant difference between the registered consideration of Rs. 2.50 crore and the stamp duty value of Rs. 7.58 crore, which, as held in CIT v. P.V. Kalyanasundaram [(2006) 294 ITR 49 (Mad.)] and K.R. Builders v. ITO [ITA No. 1213/Bang/2016], constituted

Ratnadeep Infrastructure Private Limited, Ahmedabad vs. Income Tax Officer, Old Ward 3(1)(3) New Ward3(1)(2)), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1490/AHD/2025[2011-12]Status: DisposedITAT Ahmedabad06 Nov 2025AY 2011-12

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal1. आयकर अपील सं /Ita No.1490/Ahd/2025, Asst.Year 2011-12 2. आयकर अपील सं /Ita No.1491/Ahd/2025, Asst.Year 2012-13 Ratnadeep Infrastructure The Income Tax Officer बनाम/ Private Limited Old Ward-3(1)(3) V/S. 126, 1St Floor New 3 (1) (2) Neelam Shopping Center Krishna Nagar Chowk Ahmedabad – 382 346 "थायी लेखा सं./Pan: Aaecr 5728 F (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Chetan Agarwal, Ar Revenue By : Shri Abhijit, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 16/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Of Even Date 01/07/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2011-2012 & 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal In Ita No.1490/Ahd/2025 For Ay 2011-12:

For Appellant: Shri Chetan Agarwal, ARFor Respondent: Shri Abhijit, Sr.DR
Section 131Section 143(1)Section 143(3)Section 147Section 250Section 271(1)(c)Section 69

addition, the CIT(A) held that there was a significant difference between the registered consideration of Rs. 2.50 crore and the stamp duty value of Rs. 7.58 crore, which, as held in CIT v. P.V. Kalyanasundaram [(2006) 294 ITR 49 (Mad.)] and K.R. Builders v. ITO [ITA No. 1213/Bang/2016], constituted

Vikas Ratanlal Jain, Aurangabad vs. CIT(A), Aurangabad

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 648/PUN/2025[2014-15]Status: DisposedITAT Pune29 Oct 2025AY 2014-15

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.648/Pun/2025 िनधा"रण वष" / Assessment Year : 2014-15 Vikas Ratanlal Jain, Vs. Ito, Ward-1(1), Plot No.32, Station Road, Aurangabad. Vedant Nagar, Chhatrapati Sambhajinagar, Aurangabad- 431005. Pan : Afapj5847B Appellant Respondent Assessee By : Shri Nandkishor S. Daga & Shri Nitesh N. Daga Revenue By : Shri Shashank Ojha Date Of Hearing : 18.08.2025 Date Of Pronouncement : 29.10.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.01.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2014-15. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “01. On The Facts & Circumstances Of The Case & In Law, The Learned Ctt(A) Along With The Learned Ao Has Erred In Contending That Provisions Of S. 56(2)(Vii)(B) Is Applicable To All The Immovable Properties Even If Such Land Is Considered As Stock In Trade. As Mentioned In The Explanation To The Aforesaid Section, Property Means The ‘Capital Asset’ Of The Assessee & Hence If Land Is Considered As Stock In Trade, Provisions Of Such 2 Section Are Not Applicable To Such Purchase. Reliance Is Placed On The Various Judicial Precedents Wherein It Has Been Held That The Provisions Of S. 56(2)(Vii)(B) Are Not Applicable To Stock In Trade But Is Applicable Only To Capital Assets:  Commissioner Of Income Tax Vs. Ashok Agarwal (Huf)

For Appellant: Shri Nandkishor S. Daga &For Respondent: Shri Shashank Ojha
Section 143(3)Section 263Section 56(2)(vii)

land for a consideration which was less than the stamp duty valuation and according to him the difference in the purchase value and stamp duty value was required to be added in the hands of the assessee in the light of section 56(2)(vii)(b) of the Act. Accordingly ... made, therefore for the purposes of calculation of income from other sources i.e. section 56(2)(vii)(b) proviso of the Act the stamp duty value of financial year 2011- 12 should have been adopted instead of stamp duty value of financial year 2013-14. Accordingly, Ld. AR requested before

Nanubhai Premjibhai Bambharolia, Vapi vs. DCIT, Vapi

ITA 866/SRT/2024[2011-12]Status: DisposedITAT Surat28 Oct 2025AY 2011-12

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.866/Srt/2024 Assessment Year: (2011-12) (Hybrid Hearing) Nanubhai Premjibhai Assistant Commissioner Of Income- बनाम/ Bambharolia Tax, Circle-Vapi, 7Th Floor, Room Vs. Plot No/.147/148, H-1, No.704, Daman Road, Chala, Vapi- Kalpdeep Chharwada Road, 396 191 Gidc, Vapi-396 195 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Abopb 8282 A (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri A. Gopalakrishnan Aiyar, Ca राज" की ओर से/Respondent By Shri Ajay Uke, Sr-Dr सुनवाई की तारीख /Date Of Hearing 31/07/2025 उद्घोषणा की तारीख /Date Of Pronouncement 28/10/2025

Section 142Section 143(3)Section 147Section 148Section 2(14)Section 250Section 50C

learned Assessing Officer in considering the Jantri rate of industrial land instead of considering the Jantry rate of agricultural land for determining the stamp duty value of the immovable property under section 50C of the Act. The action of the Learned Commissioner of Income Tax (Appeals) is contrary ... various places of Moje Tukwada, Tal. Pardi for sale consideration of Rs.1,00,00,000/- to M/s. Mipro Solution Pvt. Ltd. The stamp duty value of the impugned land was Rs.2,09,90,840/-. In the return of income filed for the AY 2011-12, the assessee declared value