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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

Chemangattu Jose John, Kottayam vs. The Deputy Commissioner of Income Tax, Circle International Taxation, Tvm

In the result, the appeal of the assessee is allowed

ITA 58/COCH/2025[2015-2016]Status: DisposedITAT Cochin12 Jun 2025AY 2015-2016

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarmaassessment Years: 2015-16 Chemangattu Jose John Dcit, Circle International V. Taxation, Tvm Chemangattu House, Koodalloor Post, Meenachil Taluk, Kottayam, Kerala 686595. Pan : Atxpj2649R. (Appellant) (Respondent) Appellant By : Shri R Krishnan, Ca Respondent By : Shri Suresh Sivanandan, Irs, Cit-Dr. Date Of Hearing : 03.06.2025 Date Of Pronouncement : 12.06.2025 O R D E R Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Order Dated 22.11.2024 Passed By The Dcit Circle Intl. Txn, Tvm (Hereinafter Referred To As ‘Cit(A)’] U/S 147 R.W.S 144C(13) Of The Income Tax Act (‘Act’) For The Assessment Year 2015–16. 2. Brief Facts Of The Case Are That During The Relevant Assessment Year, The Assessee Had Sold Two Agricultural Properties Totaling To Rs.15,59,000/-. The Actual Sale Consideration Was Rs.34,00,000/- & However, As Per Registered Deed, The Sale Consideration Was Rs.15,59,000 & Balance Rs.18,41,000/- Remains Unexplained. The Assessing Officer Made An Addition Of 2 Chemangattu Jose John Rs.18,41,000/- U/S 69A Of The Act As The Assessee Failed To Give Satisfactory Reply Before Him.

For Appellant: Shri R Krishnan, CAFor Respondent: Shri Suresh Sivanandan, IRS, CIT-DR
Section 147Section 69Section 69A

stamp duty versus actual consideration, the difference arose solely because of the purchaser chosen to register a deed at the circle rate and stamp duty value was determined by the said authority for which the seller cannot compel the purchaser to reflect negotiated price. Since the assessee was transparent

Shri Gurudev Chandrashekhar Karanth, Pune vs. Income Tax Department CIT(Drp-3), Mumbai

In the result, Grounds Number 1 and 2 raised by the Assessee are allowed

ITA 147/PUN/2025[2018-19]Status: DisposedITAT Pune02 Jun 2025AY 2018-19

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.147/Pun/2025 िनधा"रण वष" / Assessment Year: 2018-19 Shri Gurudev Chandrashekhar V Income Tax Department Karanth, S. Cit(Drp-3), Mumbai-1. 21 Cozy Retreat, Sindh Colony, Aundh, Pune – 411007. Maharashtra. Pan: Cgnpk6203J Appellant/ Assessee Respondent / Revenue Assessee By Shri B.C.Malakar – Advocate Revenue By Shri Prakash L Pathade – Cit-Dr Date Of Hearing 04/03/2025 Date Of Pronouncement 02/06/2025 आदेश/ Order Per Vinay Bhamore, Jm: This Is An Appeal Filed By The Assessee Against The Assessment Order Under Section 147 R.W.S 144C(13) Of The Income Tax Act, 1961 Dated 23.12.2024 For The A.Y.2018-19, Emanating From The Order Of The Dispute Resolution Panel U/S.144C(5) Of The Act, Dated 20.12.2024. The Assessee Has Raised The Following Grounds Of Appeal :

Section 139Section 143(2)Section 144C(1)Section 144C(5)Section 147Section 148Section 148ASection 56(2)(x)Section 6

without appreciating the facts that the said amount of Rs.7,75,000/- was within the permitted limit of 5% of the differencebetween the Stamp Duty Value and the Sale/Purchase Deed executed by the appellant and therefore in pursuance to the various judicial decisions relied upon by the appellant both before ... case u/s 56(2)(x) of the Act. The applicant has also relied on certain case laws. 5.3.3 The Panel notes that the stamp duty value of the impugned property was Rs.2,11,35,810/-. The difference in the stamp duty value and the purchase consideration of Rs.1