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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

Mallesh Manthri, Hyderabad vs. ITO., Ward-15(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 362/HYD/2024[2014-15]Status: DisposedITAT Hyderabad17 Dec 2024AY 2014-15

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.362 /Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2014-15) Mallesh Manthri Vs. Income Tax Officer Hyderabad Ward-15(1) [Pan :Akdpm3296M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Mohd.Afzal, Ar रधजस् व द्वधरध/Revenue By:: Shri R.Kumaran, Dr सुिवधई की तधरीख/Date Of Hearing: 17/12/2024 घोर्णध की तधरीख/Date Of 17/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.02.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], National Faceless Appeal Centre, Delhi, Pertaining To A.Y.2014-15 On The Following Grounds : 1. The Order Of The Learned Commissioner Of Income Tax (Appeals) Is Against The Law, Weight Of Evidence & Probabilities Of Case. 2. The Learned Commissioner Erred In Confirming An Addition Of Rs.95,54,666/-, Which Was Made By Invoking The Provisions Of Section 56(2)(Vii)(B) Of The It Act.

For Appellant: Mohd.Afzal, ARFor Respondent: : Shri R.Kumaran, DR
Section 139Section 142(1)Section 143(1)Section 143(2)Section 144Section 147Section 148Section 56(2)(vii)

previous year, from any person or persons, any immovable property, without consideration or for a consideration, which is less than the stamp duty value of the property, by an amount exceeding Rs.50,000/-, then the difference between the value of the property as referred to therein and the value

Subaitha Khani Sagul Hameethu, Manamelkudi vs. ITO, Ward-1, Pudukottai

The appeal stand allowed in terms of our above order

ITA 2498/CHNY/2024[2016-17]Status: DisposedITAT Chennai17 Dec 2024AY 2016-17

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.2498/Chny/2024 (िनधा:रणवष: / Assessment Year: 2016-17) Mrs. Subaitha Khani Sagul Hameethu Ito बनाम/ L/H Of Late A.Sagul Hameethu Ward-1, #681, Kottaipattinam, Pudukottai. Vs. Manamelkudi-614 619. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Bjqph-6104-Q (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri Y. Sridhar (Fca)- Ld.Ar " थ"कीओरसे/Respondent By : Shri S. Easwar (Jcit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 16-12-2024 घोषणा की तारीख /Date Of Pronouncement : 17-12-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Y. Sridhar (FCA)- Ld.ARFor Respondent: Shri S. Easwar (JCIT)-Ld. Sr. DR
Section 147Section 148Section 149Section 149(1)(b)Section 56Section 56(2)(vii)

assessment order, Ld. AO made addition of Rs.12.38 Lacs u/s. 56(2(vii) on the ground that the stamp duty value of the purchased property was more than the registered value. 2. The Ld. AR, at the outset, raised a pertinent legal ground and submitted that the assessment is nullity ... reopened and notice u/s 148 was issued on 18.07.2022. The case was reopened on the ground that the stamp duty value of the purchased property was more than the registered value by Rs.12.38 Lacs. The same was accordingly added to the income of the assessee

DCIT, Circle-1(1), Hyderabad vs. Prakash Nimmagadda, Hyderabad, Secunderabad

In the result, appeal filed by the Revenue is dismissed

ITA 974/HYD/2017[2008-09]Status: DisposedITAT Hyderabad16 Dec 2024AY 2008-09

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.974/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2008-09) Dy.Cit Vs. Shri Prakash Nimmagadda Circle 1(1) Hyderabad Hyderabad Pan:Acbpn4246R (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devdas, Ca राज" व "ारा/Revenue By:: Dr. Meghnath Chowhan, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 06/11/2024 घोषणा की तारीख/Pronouncement: 16/12/2024 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Revenue Is Directed Against The Order, Dated 20/03/2017 Of The Learned Cit (A)-9, Hyderabad, Relating To A.Y.2008-09. 2. The Revenue Has Raised The Following Grounds:

For Appellant: Shri K.C. Devdas, CAFor Respondent: : Dr. Meghnath Chowhan, CIT(DR)
Section 17(2)(c)Section 28

which exceeds fifty thousand rupees, the whole of the aggregate value of such sum; (b)any immovable property,— (A)without consideration, the stamp duty value of which exceeds fifty thousand rupees, the stamp duty value of such property; (B)for a consideration, the stamp duty value of such property ... agreement fixing the amount of consideration for the transfer of immovable property and the date of registration are not the same, the stamp duty value on the date of agreement may be taken for the purposes of this sub-clause : Provided further that the provisions of the first proviso shall

Tejas C. Joshi, Ahmedabad vs. The Dy.CIT, Circle-5(3)(Original Jurisdiction) the Dy. CIT, Cent. Circle 2(2) (Present Jurisdiction), Ahmedabad

ITA 912/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad05 Dec 2024AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 912/Ahd/2023 ("नधा"रण वष" / Assessment Year : 2015-16) बनाम/ Tejas C Joshi Dy. Commissioner Of 9A, Santosa Park Society, Income Tax Vs. Nr. Aadiraj Bunglow, Central Circle 5(3), Iskon Ambli Road, Thaltej, Ahmedabad (Original Ahmedabad - 380058 Jurisdiction) Dy. Commissioner Of Income Tax Central Circle 2(2), Ahmedabad (Present Jurisdiction) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aanpj4735G (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Hardik Vora, A.R. ""यथ" क" ओर से/Respondent By : Shri Prasad Rao Waghe Annasaheb, Sr. Dr 22/11/2024 Date Of Hearing Date Of Pronouncement 05/12/2024

For Appellant: Shri Hardik Vora, A.RFor Respondent: Shri Prasad Rao Waghe Annasaheb
Section 56(2)(vii)

accordingly the assessee had paid additional stamp duty as per the revised valuation. The AO, thus, noted that the stamp duty value of the property was Rs.12,79,67,530/-, whereas the consideration paid as per sale deed was Rs.10,28,24,000/- only. The AO, therefore, added the difference ... that as it may, what is relevant is not actual area of the plot as mentioned in the sale deed but the stamp duty value of the property purchased. The fact that the stamp duty value of the property was Rs.12,79,67,530/- has not been disputed. This stamp

Dharmesh Ramesh Jhaveri, Mumbai vs. The Assessing Officer, Assessment Unit Faceless Assessments, Delhi

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

ITA 5472/MUM/2024[2017-18]Status: DisposedITAT Mumbai04 Dec 2024AY 2017-18

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri B.R. Baskaranassessment Year : 2017-18 Dharmesh Ramesh Jhaveri, The Asst./Dy. Commissioner Of 1 & 2,Bhagyodaya Building, Income Tax, Sarojini Road, Vs. Circle-2(2)(1), Vile Parle (West), Room No. 545, 5Th Floor, Mumbai. Aayakar Bhavan, Pan : Aacpj6530G M.K. Road, Mumbai. (Appellant) (Respondent) For Assessee : Shri Lalchand Choudhary, For Revenue : Shri R.R. Makwana, Sr.Dr Date Of Hearing : 04-12-2024 Date Of Pronouncement : 04-12-2024 O R D E R Per B.R. Baskaran, A.M : The Assessee Has Filed This Appeal Challenging The Order Dt. 28-08- 2024 Passed By The Ld. Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟] & It Relates To Ay. 2017-18. The Assessee Is Aggrieved By The Decision Of The Ld.Cit(A) In Confirming The Addition Of Rs.50.06 Lakhs Made By The Ao U/S. 56(2)(Vii)(B)(Ii) Of The Income Tax Act, 1961 („The Act‟).

For Appellant: Shri Lalchand ChoudharyFor Respondent: Shri R.R. Makwana, Sr.DR
Section 56(2)(vii)

apartment, named, Harmony,located at Mahavir Nagar, Kandivli (West), Mumbai from M/s. Saroj Sales Organisation on 01-09-2016.The AO noticed that 2 the stamp duty value of the flat on the date of registration was Rs. 1,05,42,000/-, while the purchase consideration was shown ... Hence, the AO proposed to assess the difference between the stamp duty value and purchase consideration as income of the assessee u/s. 56(2)(vii)(b)(ii) of the Act. The assessee explained that the above said flat was allotted to him on 29-11-2010 and the assessee

Alok Kumar Chamria (HUF), Kolkata vs. I.T.O., Ward - 32(3), Kolkata

The appeal of the assessee is allowed

ITA 1487/KOL/2024[2017-2018]Status: DisposedITAT Kolkata29 Nov 2024AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rajesh Kumari.T.A. No.1487/Kol/2024 Assessment Year: 2017-18 Alok Kumar Chamria (Huf)…………........………………....Appellant 25E Chamria House, Shakespeare Sarani, 3Rd Floor, W.B. – 700017. [Pan: Aafha4854F] Vs. Ito, Ward-32(3), Kolkata.….……….…............................…..…..... Respondent Appearances By: Mrs. Saswati Mitra (Dutta), Advocate, Appeared On Behalf Of The Assessee. Shri Pradip Kr. Biswas, Addl. Cit, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : November 19, 2024 Date Of Pronouncing The Order : November 29, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 29.04.2024 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 Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income On 03.08.2017 By Declaring A Total Income Of Rs.12,14,280/-. The Return Was Processed U/S 143(1) Of The Act & Refund Of Rs.26,980/- Was Issued. Subsequently, The Case Was Selected For Scrutiny & Notices U/S 143(2) & 142(1) Of The Act Were Issued Requiring The Assessee To Furnish Specific Details. The Assessee Submitted Responses & Uploaded Documents Periodically. During The Scrutiny Proceedings, The Assessing Officer Observed That The Assessee Had Declared Long-Term Capital Gain (‘Ltcg’) From The Sale Of Immovable Property. The Assessing Officer Noted That Sale Consideration For Seven Flats As Per Sale Deed Was Lower Than The Stamp Duty Value. He Invoked

Section 143(1)Section 143(2)Section 250Section 50CSection 54FSection 54F(4)

sale of immovable property. The Assessing Officer noted that sale consideration for seven flats as per sale deed was lower than the stamp duty value. He invoked I.T.A. No.1487/Kol/2024 Assessment Year: 2017-18 Alok Kumar Chamria (HUF) section 50C of the Act which mandates that stamp duty value or actual ... value of sale consideration, which is higher, be considered for computing LTCG. The Assessing Officer found that the stamp duty value exceeded the actual sale consideration, therefore, he proposed an addition of Rs.10,21,262/- to the total income of the assessee representing the difference between the sale price declared