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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

Akunuri Sai Avinash, Visakhapatnam vs. Assistant Commissioner of Income Tax, Circle (International Taxation), Visakhapatnam

In the result, appeal of the assessee is partly allowed for statistical purposes as indicated herein above

ITA 42/VIZ/2023[2016-17]Status: DisposedITAT Visakhapatnam12 Apr 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon‟Ble & Shri S Balakrishnan, Hon‟Bleआयकरअपीलसं./ I.T.A. No.42/Viz/2023 (धनधाारणिर्ा/ Assessment Year : 2016-17) Akunuri Sai Avinash, Vs. The Asst. Commissioner Of Rep. By Gpa Holder Dr. Akunuri Income Tax, Sai Babu, Circle (International Taxation), Visakhapatnam. Visakhapatnam. Pan: (अपीलाथी/ Appellant) (प्रत्यथी/ Respondent) अपीलाथीकीओरसे/ Assessee By : Sri Gvn Hari, Ar प्रत्याथीकीओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr सुनिाईकीतारीख/ Date Of Hearing : 26/03/2024 घोर्णाकीतारीख/Date Of : 12/04/2024 Pronouncement O R D E R Per S. Balakrishnan:

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 144CSection 147Section 148Section 50C

that the assessee has sold the above said property for a sale consideration of Rs. 14,85,000/- which is below the stamp duty value as per the provisions of section 50C of the Act. Accordingly, the Ld. AO considered the stamp duty value ... failed to file the return of income and has also subsequently declared the sale value at Rs. 14,85,000/- instead of the stamp duty value adopted U/s. 50C of the Act. We therefore find that the Ld. AO has rightly exercised and recorded 5 the detailed reasons

Realtech Nirman Pvt. Ltd., Kolkata vs. DCIT, Cir. 11(1), Kolkata

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

ITA 146/KOL/2024[2020-21]Status: DisposedITAT Kolkata08 Apr 2024AY 2020-21

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 146/Kol/2024 Assessment Year: 2020-2021 Realtech Nirman Pvt. Ltd.,……………………..Appellant T-68, Tegharia Main Road, Post-Hatiara, Behind Lokenath Mandir, Kolkata-700059, West Bengal [Pan:Aadcr6464K] -Vs.- Deputy Commissioner Of Income Tax,.….…Respondent Circle11(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Giridhar Dhelia, Advocate, Appeared On Behalf Of The Assessee Shri B.K. Singh, Jcit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : April 08, 2024 Date Of Pronouncing The Order : April 08, 2024 O R D E R

Section 115Section 15Section 50CSection 50C(2)Section 56(2)(x)

rival contentions and gone through the record carefully. The 3rd proviso to section 56(2)(x)(b) would contemplate that where the stamp duty value of an immovable property is disputed by the assessee on the ground mentioned in sub-section (2) of section 50C, the ld. Assessing Officer ... provisions of section 50C and sub-section 15 of section 115 shall as far as may be applied in relation to the stamp duty value of such property for the purpose of this sub-clause as they apply for valuation of capital asset under those sections. This proviso would contemplate

Anil Kumar Paik, Kolkata vs. ACIT, Cir-8(1), Kol, Kolkata

In the result, appeal of the assessee is allowed

ITA 492/KOL/2023[2017-18]Status: DisposedITAT Kolkata29 Feb 2024AY 2017-18

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 492/Kol/2023 Assessment Year: 2017-18 Anil Kumar Paik Acit, Circle-8(1), Kolkata C/O S.N. Ghosh & Associates, Advocates Vs 2, Garstin Place, 2Nd Floor Suite No. 203 Off Hare Street Kolkata - 700001 [Pan : Aflpp6567R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somnath Ghosh, Advocate Revenue By : Shri B.K. Singh, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 01/12/2023 घोषणा क" तारीख /Date Of Pronouncement: 29/02/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 15/03/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Ld. Commissioner, Of Income Tax (Appeals)- N.F.A.C. Acted Unlawfully In Impliedly Sustaining; The Purported Addition Of Rs. 1,67.44,907/- Made The Ld. Assistant Commissioner, Of Income Tax, Circle 8(1) Kolkata By Invoking The Mischief U/S. 43Ca Of The Income Tax Act, 1961 Without Satisfying The Parameters Thereof & The Adverse Conclusion Reached On That Behalf In Violation Of The Statutory Prescription Is Completely Unfounded, Unjustified & Untenable In Law. 2. For That The Specious Approach Of The Ld. Commissioner Of Income Tax (Appeals)-N.F.A,C. Of Misreading Evidence, Considering Improper Facts

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri B.K. Singh, JCIT, Sr. D/R
Section 145Section 250Section 43C

cheque vide sub-section (4) is to avoid the introduction of any bogus back-dated 'agreement to sell' to claim a lesser stamp duty value of a past date. The payment through cheque is required to ensure that the agreement to sell, if any, relied upon by the assessee ... peculiar I.T.A No.354/Kol/2023 Assessment year: 2015-16 M/s Reegal Construction facts and circumstances, it will not be justified to adopt the stamp duty value as on the date of execution of the sale deed, rather, the object and purpose of the provisions will be achieved by taking the stamp duty

Sarwar Ahuja, Hyderabad vs. Income Tax Officer, Ward-6(1), Hyderabad

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

ITA 493/HYD/2023[2018-19]Status: DisposedITAT Hyderabad27 Feb 2024AY 2018-19

Bench: Hon'Ble Justice (Retd.) C.V. Bhadang & Shri R.K. Panda, Vice-आ.अपी.सं /Ita No.493/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2018-19) Shri Sarwar Ahuja Vs. Income Tax Officer Hyderabad Ward-6(1) Pan:Ahkpa9724E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: N O N E राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 15/02/2024 घोषणा की तारीख/Pronouncement: 27/02/2024 Order Per R.K. Panda, Vice-. This Appeal Filed By The Assessee Is Directed Against The Order Dated 2/8/2023 Of The Learned Cit (A)-Nfac, Delhi, Relating To A.Y.2018-19. 2. This Appeal Was Fixed For Hearing On 21/11/2023. However, Due To Non-Appearance By Anyone On The Date Of Hearing, The Case Was Adjourned To 15.2.2024 & Notice Was Issued Through Rpad Which Was Duly Served On The Assessee & The Acknowledgment Placed On Record. However, On 15.2.2024 When The Name Of The Assessee Was Called There Was Neither Anyone Present For The Assessee Nor Any Application

For Appellant: N O N EFor Respondent: : Shri Shakeer Ahmed, DR
Section 143(2)Section 56(2)(vii)

above comes to Rs.54,01,251/-. The assessee filed a detailed reply explaining the reasons for the difference between the purchase value and stamp duty value. However, the Assessing Officer was not satisfied with the arguments advanced by the assessee and referred the matter to the District Valuation Officer ... which should be accepted. However, the learned CIT (A) NFAC rejecting the various explanations given by the assessee held that if the stamp duty value adopted by the Stamp Valuation Authority is more the value determined by the DVO, then such valuation made by the DVO shall be binding