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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

Rameshlal Kailash, Salem vs. ITO, Ward-1(4), Salem

The appeal stands allowed in terms of our above order

ITA 897/CHNY/2023[2017-18]Status: DisposedITAT Chennai03 Jun 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.897/Chny/2023 (िनधा9रणवष9 / Assessment Year: 2017-18) Shri Rameshlal Kailash Ito बनाम/ 1F, Rajaji Road, Ward -1(4) Vs. Salem-636 007. Salem. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aekpk-0380-F (अपीलाथ"/Appellant) : (" थ" / Respondent) & आयकरअपील सं./ Ita No.898/Chny/2023 (िनधा9रणवष9 / Assessment Year: 2017-18) Shri Fatichand Rameshlal Ito बनाम/ 1F, Rajaji Road, Ward -1(4) Vs. Salem-636 007. Salem. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acfpr-4254-C (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri N. Arjunraj (Ca) - Ld. Ar " थ"कीओरसे/Respondent By : Shri Ar V Sreenivasan (Addl.Cit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 01-05-2024 घोषणा की तारीख /Date Of Pronouncement : 03-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri N. Arjunraj (CA) - Ld. ARFor Respondent: Shri AR V Sreenivasan (Addl.CIT)-Ld. Sr. DR
Section 133ASection 143(3)

this appeal, there is one more issue of addition u/s 56(2)(vii)(b) for Rs.4.31 Lacs. The same represent difference in stamp duty value and document value with respect to one property which have been purchased by the assessee during the year. The same has been tabulated in para ... assessment order. The assessee has purchased the same for Rs.20 Lacs as against stamp duty value of Rs.44.31 Lacs. Accordingly, the differential was brought to tax u/s 56(2)(vii)(b). The assessee raised an additional ground during first appellate proceedings. The Ld. CIT(A) did not admit the additional

Vasudev Yashwant Abhyankar, Raigad vs. ITO, Ward-4, Panvel

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 663/PUN/2024[2014-15]Status: DisposedITAT Pune31 May 2024AY 2014-15

Bench: Shri Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.663/Pun/2024 िनधा"रण वष" / Assessment Year : 2014-15 Vasudev Yashwant Vs. Ito, Ward-4, Panvel. Abhyankar, Jambhulpada, Sudhagad Raigad- 410205. Pan : Acypa1203H Appellant Respondent Assessee By : None Revenue By : Shri Sourabh Nayak Date Of Hearing : 30.05.2024 Date Of Pronouncement : 31.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 03.02.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2014-15. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Cit(A)-Nfac Erred On Facts & In Law In Passing An Ex-Parte Order Without Considering The Matter On Its Merits. He Failed To Consider The Submissions Made By Assessee Manually Before The Hon’Ble Cit(A)-2, Thane During The Physical Hearings Before Him On Various Dates. As Such, The Impugned Order Has Been Passed Without Considering The Matter On Its Merits. 2. The Learned Cit(A) Erred On Facts & In Law In Making Addition Of Rs.9,96,500 On Account Of Purchase Of Land For A Consideration Less Than That Of The Value Determined By The Stamp

For Appellant: NoneFor Respondent: Shri Sourabh Nayak
Section 143(2)Section 250(6)Section 43CSection 56(2)(vii)

considering the reply of the assessee, 3 the AO added Rs.9,96,500/- to the income of the assessee being the difference of stamp duty value for the purpose of registration and the actual consideration paid for purchase of immovable property to the income of the assessee ... also added Rs.85,57,000/- to the income of the assessee being the difference of stamp duty value for the purpose of registration and the consideration received for the sale of properties during the course of business u/s 43CA of the IT Act. Vide order dated 29.09.2016 the AO completed

Mohammad Ibrahim, Kolkata vs. ITO, Ward-32(3), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 1408/KOL/2023[2014-15]Status: DisposedITAT Kolkata30 May 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1408/Kol/2023 Assessment Year: 2014-15 Mohammad Ibrahim……..……..…..……............…...……………....Appellant 6 Jhautala Road, Park Circus, Kolkata – 700017. [Pan:Aanpi9964N] Vs. Ito, Ward-32(3), Kolkata…...............................................…..…..... Respondent Appearances By: Smt. Swatee Baid, Ar, Appeared On Behalf Of The Appellant. Shri Prabhakar Prakash Ranjan, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 21, 2024 Date Of Pronouncing The Order : May 30, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 19.10.2023 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 In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Action Of The A.O Of Making The Addition Of Rs. 47,55,787/- By Wrongly Invoking The Provisions Of Sec 56(2)(Vii)(B)(Ii). 2 For That On The Facts & Circumstances Of The Case, The Ld Cit(A) Ought To Have Considered The Fact That The Assessee Is A Promoter & Real Estate Developer & The Asset Purchased Was To Be Used For Business & Was Not A Capital Asset As Such Provisions Of Sec 56(2\(Vii) (B)(Ii) Were Not Applicable.

Section 250Section 56(2)(vii)

case are that the assessee had purchased a property jointly with Md Gulzar for Rs.40,00,000/-. The Assessing Officer noted that the stamp duty value of the said property was Rs.1,35,11,573/-. He calculated the difference between the stamp duty value and the purchase consideration at Rs.95

Bhumika Mahesh Parwani, Ahmedabad vs. Income-Tax Officer, Ahmedabad

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

ITA 629/AHD/2023[2020-21]Status: DisposedITAT Ahmedabad29 May 2024AY 2020-21

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2020-21 Bhumika Mahesh Parwani, Income Tax Officer Sadhu Vaswani Mansion, Vs Ward 1(3)(1), Mirghawad, Ahmedabad Ahmedabad-380002 Gujarat Pan: Aljpp2059A अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sakar Sharma, Ar Revenue By : Ms. Neeju Gupta, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 13/05/2024 घोषणा क" तार"ख /Date Of Pronouncement: 29/05/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthis Appeal Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre(Nfac) [Hereinafter Referred As “Cit(A)”], Dated 01.08.2023, For The Assessment Year 2020-21, Wherein The Cit(A) Confirmed The Addition Made By The Assessing Officer (Hereinafter Referred As “Ao”) As Per The Order Passed Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As "The Act".

For Appellant: Shri Sakar Sharma, ARFor Respondent: Ms. Neeju Gupta, Sr.DR
Section 142Section 143(2)Section 143(3)Section 56(2)(x)

immovable property under a family arrangement. The Assessing Officer, during the assessment proceedings under section 143(3) of the Act, added the stamp duty value of the said property to the assessee’s income under section 56(2)(x) of the Act stating that the property is not received from

Mohammed Khalid Masud, Kolkata vs. ACIT, Cir-33, Kolkata.

In the result, the appeal of the assessee stands allowed

ITA 171/KOL/2024[2017-18]Status: DisposedITAT Kolkata21 May 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.171/Kol/2024 (Assessment Year: 2017-18) Mohammed Khalid Masud……..…..……............…...……………....Appellant 70, Karaya Road, Circus Row Kolkata - 700019. [Pan:Afapm6677G] Vs. Acit, Circle-33, Kolkata…...............................................…..…..... Respondent Appearances By: Shri Abhishak Bansal, Ca Appeared On Behalf Of The Appellant. Shri Divakar Chakraborty, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 15, 2024 Date Of Pronouncing The Order : May 21 , 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.11.2022 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 Appeal Is Time Barred By 389 Days. A Separate Application For Condonation Of Delay Has Been Filed, Which Is Further Supported By An Affidavit Of The Petitioner Namely Mohammed Khalid Masud. Considering The Submissions Made In The Affidavit, The Delay In Filing The Appeal Is Hereby Condoned.

Section 250Section 50CSection 50C(2)

that the assessee right from the very beginning claimed that the fair market value of the property was less than the stamp duty value adopted by the stamp duty authority/collector rate and that the matter may be referred to Departmental Valuation Officer to ascertain the correct and fair value ... noted that neither the Assessing Officer nor the Ld. CIT(A) appreciated the contentions raised by the assessee while adopting the the stamp duty value as fair market value of the property purchased nor referred the matter to the DVO as was required

Ramsing Himmatsing Rajput, Nashik vs. ITO, Ward 2(1), Nashik

ITA 601/PUN/2024[2015-16]Status: DisposedITAT Pune16 May 2024AY 2015-16

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.601/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Ramsing Himmatsing Vs. Ito, Ward-2(1), Nashik. Rajput, Plot No.17, Usha Bunglow, Near Seven Heven Hotel, Behind Lotus House, Chetna Nagar, Nashik- 422009. Pan : Adrpr2780A Appellant Respondent Assessee By : Shri Sanket Joshi Revenue By : Shri Manoj Tripathi Date Of Hearing : 02.05.2024 Date Of Pronouncement : 16.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.02.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2015-16. 2. The Appellant Raised The Following Grounds Of Appeal :- “1] The Learned Cit(A) Erred In Confirming The Addition U/S 50C Of Rs. 14,25,000 By Taxing The Difference Between Govt. Valuation Of Rs.22,25,000 & Actual Sale Consideration Of Rs.8,00,000 Without Appreciating That The Impugned Land Located Near River Bank Was Vulnerable To Floods, It Was Situated Near Cremation

For Appellant: Shri Sanket JoshiFor Respondent: Shri Manoj Tripathi
Section 142(1)Section 144Section 147Section 148Section 50C

information available with the AIR that the appellant had sold a land on 22.07.2014 for a consideration of Rs.8,00,000/- whereas its stamp duty value for the purposes of registration was Rs.22,25,000/-, the Assessing Officer formed an opinion that the income escaped assessment ... assessee at Rs.40,57,450/- by determining the income under the head Capital gain of Rs.14,25,000/-, being difference of stamp duty value Rs.22,25,000/- & the actual sale consideration of Rs.8,00,000/-as “Short Term Capital Gains”. 4. Being aggrieved, an appeal was filed before