← All Phrases

“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

Vasant N. Barabde, Mumbai vs. Deputy Commissioner of Income Tax, Circle 27(3), Mumbai

In the result, appeal of the assessee is allowed

ITA 5372/MUM/2024[2018-2019]Status: DisposedITAT Mumbai22 May 2025AY 2018-2019

Bench: Shri Sandeep Singh Karhail & Shri Girish Agrawalassessment Year: 2018-19 Vasant Nagorao Barabde Vs Dcit Circle 27(3), 602, Sanskar Santi Park, Mumbai. Ghatkopar East, Income Tax Officer, Vashi Mumbai 400088 Railway Station Building, Navi Mumbai 400703 Pan: Acmpb3211G Appellant Respondent Present For: Appellant By : Shri Dharan Gandhi Ca Respondent By : Ms. Kavitha Kaushik, Dr Date Of Hearing : 27.02.2025 Date Of Pronouncement : 22.05.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Vide Appeal No: Nfac/2017- 18/10041561 Dated 23.08.2024 Passed Against The Assessment Order U/S.143(3) R.W.S 143(3A) & 143(3B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 08.03.201 For Ay 2018-19. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. Erred In Confirming The Action Of The Ao In Making The Addition Of Rs 2,88,85.600 By Treating The Market Value Of The Paa Agreement Registered On 21.09.2017 As Taxable Income U/S 56(2)(X) Being Value Of Property For Which No Consideration Is Paid. 2. Erred In Confirming The Action Of The Ao In Making The Addition Of Rs 2,88,85.600 In The Hands Of The Assessee Instead Of Treating The Same As Exempt In The Hands Ashwini Barabde The Daughter Of The Assessee.”

For Appellant: Shri Dharan Gandhi CAFor Respondent: Ms. Kavitha Kaushik, DR
Section 143(3)Section 56(2)(x)

no.1103, Akarava Majala Buildings, Rudraksh Block, Chembur, Mumbai 400071. According, to him consideration paid for this purchase of property is NIL and the stamp duty value is Rs.2,88,85,600/-. Purchase of this property was registered on 21.09.2017. The Ld. AO issued show cause notice on the assessee ... explain the said transaction, proposing to make the addition of Rs.2,88,85,600/- being the stamp duty value for which no consideration was paid, by applying section 56(2)(x)(b)(B). Since, nothing came up from the assessee, he completed the assessment by making the addition of aforesaid

Kukdi Devi, Chennai vs. Income Tax Officer, Chennai

In the result, the appeal filed by the assessee is partly allowed

ITA 2926/CHNY/2024[2017-18]Status: DisposedITAT Chennai14 May 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.2926/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Kukdi Devi, Vs. The Income Tax Officer, Door No. 35, West Krishnappa Non Corporate Ward 5(1), Gramani Garden, 3Rd Street, Chennai. Tondiarpet, Chennai 600 081. [Pan:Cchpk5677C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Akshit Jain, Ca ""थ" की ओर से/Respondent By : Ms. Deeptha, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 28.04.2025 घोषणा की तारीख /Date Of Pronouncement : 14.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.08.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 384 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit

For Appellant: Shri Akshit Jain, CAFor Respondent: Ms. Deeptha, Addl. CIT
Section 69

contention of the assessee for valuing the property at ₹16,37,500/-. Therefore, the addition made on account of difference between the stamp duty value of building is deleted. Thus, the ground raised by the assessee is allowed. 13. In the result, the appeal filed by the assessee is partly