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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

Shri. Naagesh Kanaiyalal Thakkar, Dharawad vs. Income Tax Officer, Ward-2(1), Hubli

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 550/BANG/2024[2015-16]Status: DisposedITAT Bangalore11 Jul 2024AY 2015-16

Bench: Shri Chandra Poojari & Shri Keshav Dubeynagesh Kanaiyalal Thakkar The Income Tax Officer Lovely Sweets, Baradan Saal Ward - 2(1), Hubli Hubli Sarafkatta S.O. Vs. Hubli 580020 Pan – Aaupt7785P (Appellant) (Respondent) Assessee By: Shri Vinay K. Kulkarni, Ca Revenue By: Shri Guru Kumar S. Addl Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 11.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against Din & Order No. Itba/Nfac/S/250/2023-24/1060678544(1) Dated 08.02.2024 Passed By The National Faceless Appeal Centre, Delhi / Cit(A) Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Learned Commissioner Of Income Tax (Appeals) Confirmed The Additions Made Under Section 56(2)(Vii) Which Is Against The Facts. 2. The Addition Confirmed Is Against The Provisions Of The Income Tax Act 3. The Beneficial Provision Is Read In A Too Rigid Way So As To Deny The Benefit Conferred By The Income Tax Act.

For Appellant: Shri Vinay K. Kulkarni, CAFor Respondent: Shri Guru Kumar S. Addl CIT-DR
Section 147Section 148Section 250Section 56(2)(Vii)Section 56(2)(vii)

account payee cheque on the date of agreement and the sale deed for the same was executed on 14.07.2014 on which the stamp duty value of the property was Rs. 41,12,500/-. As the property was purchased jointly along with his son, both assessee and his son received notice ... after the 1st day of October,2009 [ but before the 1st day of April,2017],- [(b) any immovable property,- (i) without consideration, the stamp duty value of which exceeds fifty thousand rupees, the stamp duty value of such property; (ii) for a consideration which is less than the stamp duty