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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

Jitendra Vanigota, Mumbai vs. Income Tax Officer, Mumbai

Appeal of the assessee are allowed

ITA 233/MUM/2024[2020-21]Status: DisposedITAT Mumbai29 Jul 2024AY 2020-21

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 233/Mum/2024 (A.Y. 2020-21) Jitendra Vanigota Vs. Ito, Ward 20(2)(1) 76, New Municipal Piramal Chambers Building, Shuklaji Mumbai. Street, Kamathipura Mumbai-400 008. Pan : Abopj3841P (Appellant) (Respondent) Assessee By Shri Siddharth Kothari Department By Shri R.R. Makwana Date Of Hearing 10.06.2024 Date Of Pronouncement 29.07.2024 O R D E R 1. This Appeal Is Filed By The Assessee Appellant Against The Appellate Order Passed By The National Faceless Appeal Centre Delhi (The Learned Cit – A) For Assessment Year 2020 – 21 Dated 28/11/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Dated 25/4/2023 Passed Under Section 143 (3) Of The Income Tax Act, 1961 (The Act) By The Assessment Unit Income Tax Department (The Learned Ao) Was Dismissed. Therefore, The Assessee Is In Appeal Before Us. 2. Brief Facts Of The Case Show That The Assessee Is An Individual & Is Regularly Assessed To Income Tax. During The Year The Assessee Has Shown Income In The Form Of Remuneration, Interest On Capital & Share Of Profit From Partnership Firm. The Assessee Has Filed Its Return Of Income On 29/12/2024 At A Total Income Of ₹ 12,50,380/–. 3. Assessee Has Entered Into An Agreement With The Builder In The Year 2013 To Purchase Of Flat. This Flat Was Registered On 22/11/2019 & The Value Of The Said Flat Was Taken At Rs 183,20,000. The Market Value Of The Said Flat Is ₹ 25,264,500/– Thus There Was A Difference Of ₹

Section 143Section 144BSection 56

learned CIT appeal should have condoned it. 6. On the merits of the case, he submits that the difference between the consideration and Stamp duty value is just ₹ 595,000. Therefore, it falls within the tolerance limit, the addition should not have been made. 7. The learned departmental representative vehemently ... merits here itself, there is no point in clogging the appellate system once again. on merit of the case, it shows that the stamp duty value of the property is ₹ 18,915,000/–. The transaction value of the property is ₹ 18,320,000/–. Therefore, the difference between the two prices

Farhana Mushtaq Begum, Mumbai vs. Income Tax Officer Ward 30(1)(3), Mumbai

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

ITA 2720/MUM/2024[2013-14]Status: DisposedITAT Mumbai26 Jul 2024AY 2013-14

Bench: Shri Pavan Kumar Gadale & Smt Renu Jauhrifarhana Mushtaq Vs. Ito, Ward – 30(1)(3) C-13, 5Th Floor, Begum Pratyakshar Bhavan, Plot No. 373, Poonam Bandra (E), Mumbai. Nagar, Mahakali Caves Road, Andheri (E), Mumbai – 400 093. Pan/Gir No. Aubpb4014C (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Appellant By Mr. Mohammed Shahab Khan, Adv Respondent By Ms.Jancy Elizabeth Rani. Sr.Dr सुनवाई की तारीख/Date Of Hearing 25.07.2024 घोषणा की तारीख/Date Of Pronouncement 26.07.2024 Order Per Renu Jauhri, Am: “ The Appeal Is Filed By The Assessee Against The Order Of Commissioner Of Income Tax (Appeals)-55, Mumbai (In Short “Cit(A)”) Passed U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”). The Assessee Has Raised The Following Grounds Of Appeal: The Hon'Ble Commissioner Of Income Tax (Appeals) 55, Mumbai Seriously Erred In Law & On The Facts & In The Circumstances Of The Case, In Confirming The Impugned

Section 143(3)Section 50CSection 50C(1)Section 50C(2)Section 50C(3)

vide No. VO-1/MUM/CGT/2023-24/576 determining the Fair Market Value of the Property to be Rs. 49,28,000/- stands to be the Stamp Duty Value of the said Capital Asset. 2. The brief facts are return for A.Y 2013-14 was filed declaring income