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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

Arnab Kumar Goswami, Kolkata vs. I.T.O., Ward - 62(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1710/KOL/2024[2017-2018]Status: DisposedITAT Kolkata01 Jan 2025AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1710/Kol/2024 Assessment Year: 2017-18 Arnab Kumar Goswami……….. ……..…..…………………....Appellant Flat – 1C, Subham Apartment, Narayantala East, Baguiati, Kolkata – 700059. [Pan: Ahbpg0395G] Vs. Ito, Ward-62(1), Kolkata…. ….…….…............................…..…..... Respondent Appearances By: Shri Dilip Sahu, Ar, Appeared On Behalf Of The Appellant. Shri Somnath Das Biswas, Sr. Drs, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 18, 2024 Date Of Pronouncing The Order : January 01, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 27.06.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee Is An Individual & Filed His Return Of Income U/S 139(1) Of The Act By Declaring Total Income Of Rs.3,52,310/- During The Relevant Assessment Year. The Assessee Purchased An Immovable Property At Rajarhat At Sale Consideration Of Rs.25,00,000/-. However, The Stamp Duty Value Of The Property As Per Deed Of Conveyance Dated 05.09.2016 Was Rs.35,36,655/-. The Difference Of Rs.10,36,655/- Was Splitted Between The Assessee & His Spouse Amounting To Rs.5,18,327/-. Accordingly, The Assessing Officer Invoked Section 56(2)(Vii) Of The Act & Added Rs.5,18,327/- To The Total Income Of The Assessee As ‘Income From Other Sources’ While Framing Assessment. The

Section 139(1)Section 148Section 149(1)Section 149(1)(b)Section 151Section 151(1)Section 250Section 56(2)(vii)

during the relevant assessment year. The assessee purchased an immovable property at Rajarhat at sale consideration of Rs.25,00,000/-. However, the stamp duty value of the property as per deed of conveyance dated 05.09.2016 was Rs.35,36,655/-. The difference of Rs.10,36,655/- was splitted between the assessee

Valukko Infrastrusture Limited, Mumbai vs. Income Tax Officer, 11(3)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1034/MUM/2024[2011-2012]Status: DisposedITAT Mumbai01 Jan 2025AY 2011-2012

Bench: Shri Rahul Chaudhary & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 1034/Mum/2025 (नििाारण वर्ा / Assessment Year :2016-17) Danish Sheikh V/S. Ito International Tax, 18, Old Planters Road, बिाम Ward 4(2)(1) Beverly, Usa-999999 Kautilya Bhavan, 6Th Floor, Bandra (E), Mumbai- 400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Fjxps3005Q Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Pradip Kapasi राजस्व की ओर से /Revenue By: Shri Krishna Kumar, Sr. Dr.

For Appellant: Shri Pradip KapasiFor Respondent: Shri Krishna Kumar, Sr. DR
Section 148Section 148ASection 250Section 43CSection 50CSection 56(2)(vii)Section 56(2)(vil)

building under construction. GROUND NO. 3: FAILURE TO REFER TO VLUATION OFFICER In case of the difference between the Agreement value and the stamp duty value, the AO and the DRP were required to refer the matter to the DVO for valuation as was required u/s 43CA ... Section 56(2)(vii)(b) provides that no addition should be made on account of the differencing Agreement Value and the Stamp Duty Value in cases where there is a time difference between the date of agreement and the date of registration provided the payment in full or in part