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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

Syed Rafat Zubair Rizvi, Lucknow vs. Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi

In the result, the appeal of the assessee is dismissed

ITA 383/LKW/2024[2015-16]Status: DisposedITAT Lucknow26 Sept 2025AY 2015-16

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Syed Zubair Rizvi, Vs. Commissioner Of Income Tax 1, Kaiserbagh Avenue, Lucknow, (Appeals), Nfac, Delhi Uttar Pradesh Pan: Ajvps4151L (Appellant) (Respondent) Assessee By: Sh. Aleem Khan, Adv Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 24.09.2025 Date Of Pronouncement: 26.09.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit Nfac, Dated 26.3.2024, Wherein The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee Against The Orders Of The Ld. Ao Passed Under Section 147 R.W.S. 144 On 19.11.2019. The Grounds Of Appeal Are As Under:- “1. Because Appellant Has Filed Return Of Income On 19.08.2015 For Ay 2015-16 Vide Acknowledgment No.649289701140618 Showing Total Income Of Rs.1,10,51,960/- 2. Because Appellant Sold 14Flats, 2Shops & 2Lands In Assessment Year 2015-16 The Said Building Was Constructed In The Year 2005-06 As A Commercial Building Knows As Essaar Mall. But Due To Local Factors Assessee Failed To Sold His Premises & After Many Years Of Failure He Decided To Convert The Same Into Residential Building & The Flats Were Constructed In The Year 2013. Due To Blockage Of Fund & Non-Sale Of Flats Assessee Sold At The Lower Rate Approval Of Residential Construction Form The Up Awas Evam Vikas Parishad Was Also Obtained Before Converting The Commercial Construction To Residential. 3. Because An Addition Of Rs.87,46.596/- Is Made By Ld. Assessing Officer On The Basis Of Valuation Report Vide Letter F.No.1200To 1213/Avo/Itd/Lko/2017-18/872 Dated 19.03.2018 Which Was Sustained By Learned Commissioner Of Income Tax (Appeals), Income Tax Department, Nfac

For Appellant: Sh. Aleem Khan, AdvFor Respondent: Sh. Amit Kumar, DR
Section 147Section 43C

various factors like location of the property, decrease in the prices, vastu compliant etc., when market value can be less than the stamp duty value. The Appellant has justified reason in support of charging lower price in respect of some of the flats sold by it. 6. Because

Assistant Commissioner of Income Tax-4(1)(1), Mumbai vs. Deluxe Recycling India Private Limited, Mumbai

In the result, appeal of the assessee is allowed for statistical purposes

ITA 1969/MUM/2025[2020-21]Status: DisposedITAT Mumbai22 Sept 2025AY 2020-21

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2020-21 Assistant Commissioner Of Deluxe Recycling India Income Tax-4(1)(1), Private Limited Mumbai 13 17 Dady Sheth Agiary Vs. Lane, Kalbadevi Road, Kalbadevi, Mumbai-400002 (Pan: Aaacd8909N) (Appellant) (Respondent) Assessment Year: 2020-21 Deluxe Recycling India Private Assistant Commissioner Of Limited Income Tax-4(1)(1), 13 17 Dady Sheth Agiary Lane, Mumbai Vs. Kalbadevi Road, Kalbadevi, Mumbai-400002 (Pan: Aaacd8909N) (Appellant) (Respondent)

For Appellant: Shri Rahul Hakani, AdvocateFor Respondent: Shri Annavaram Kosuri, Sr. DR
Section 143(3)Section 32Section 40A(2)(b)Section 56Section 56(2)(x)

year 2014 for a consideration of Rs.8,01,61,000/-. Sale agreement for this was registered on 27.09.2019 for which the stamp duty value on the date of registration was Rs.11,32,76,000/-. Assessee disputed this stamp duty valuation before the ld. Assessing Officer and the matter was referred ... making an addition of Rs.3,31,15,000/- u/s. 56(2)(x), being difference between the purchase consideration and the stamp duty value. The impugned assessment was completed by order dated 22.09.2022. 3.1. Subsequent to this report, by the ld. DVO was issued on 31.10.2022 determining the total value

Debasis Das, Hooghly vs. ITO, Ward 24(1), Hooghly

In the result, appeal of the assessee is allowed for statistical purposes

ITA 869/KOL/2025[2020-2021]Status: DisposedITAT Kolkata19 Sept 2025AY 2020-2021

Bench: Shri Manjunatha G & Shri Sonjoy Sarmadebasis Das, Vs Ito, Ward-24 (1), Hooghly Motherland Nursing Home, Dankuni, Hooghly-712224 Pan No. :Akfpd 3436 J (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By : Shri S.P.Datta, Advocate रधजस्व की ओर से /Revenue By : Shri Sallong Yaden, Addl.Cit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 17/09/2025 घोषणा की तारीख/Date Of Pronouncement : 19/09/2025 आदेश / O R D E R Per Manjunatha G, Am: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 17.03.2025 Pertaining To Assessment Year 2020-2021, On The Following Grounds :- 1. That The Addition A Sum Of Rs. 44,95,500/- Is Bad. Illegal & Arbitrary In Nature. 2. That Without Considering The Actual Purchase Consideration Of The Landed Property, The Enhance Valuation Determined By Stamp Duty Valuer Is Mere A Guess Work & Such Enhanced Valuation Is Without Any Basis. Hence Such Enhancement Shall Liable To Be Quashed. 3. That The Assessing Officer Ought To Have Considered The Alternative Remedy Which Are Available In Income Tax Act & Refer This Matter To The Dvo For Fresh Valuation. 4. That On The Basis Of Mere Difference Between Stamp Duty Valuation & Actual Sale Consideration Shall Not Be The Sole Determination For Such Unlawful & Illegal Addition. Hence The Benefit Of Law Which Are Available & Prescribed In The Act Shall Be Taken Into Consideration At The Time Of Such Determination Of Such Income Tax Liability.

For Appellant: Shri S.P.Datta, AdvocateFor Respondent: Shri Sallong Yaden, Addl.CIT-Sr.DR
Section 143(1)Section 143(3)Section 56(2)(x)

assessee has purchased a plot of land along with his wife Smt. Nineesha Das for a consideration of Rs.79,92,000/- and the stamp duty value on the said property was at Rs.1,39,86,000/-. Further in the said property the assessee’s share was 3/4th of the total ... explain as to why the provision of Section 56(2)(x) of the Act cannot be invoked and difference between sale consideration and stamp duty value cannot be assessed as income from other sources. The assessee did not respond to the show cause notice issued by the AO. Therefore