← All Phrases

“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

Imran Mohamed Ali Kapadia, Mumbai vs. The ITO, Ward-20(1)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 2056/MUM/2023[2018-19]Status: DisposedITAT Mumbai12 Sept 2023AY 2018-19

Bench: Shri Vikas Awasthy& Shri S.Rifaur Rahmanआअसं.2056/मुं/2023 (िन.व. 2018-19) Imran Mohamed Ali Kapadia, 1702/1703 Sumer Park, Bldg. No.1, Seth Motishah Cross Lane, Byculla, Mumbai 400 008 Pan: Aupk-9074-A ...... अपीलाथ"/Appellant बनाम Vs. Ito, Ward 20(1)(1), Piramal Chamber, G.B.Road, Lalbaug, Parel, Mumbai – 400 012 ....."ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Pratik Mehta "ितवादी "ारा/Respondent By : Shri H.M.Bhatt सुनवाई की ितिथ/ Date Of Hearing : 12/09/2023 घोषणा की ितिथ/ Date Of Pronouncement : 12/09/2023 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Center, Delhi [Hereinafter Referred To As ‘The Cit(A)’] Dated 06.04.2023, For Assessment Year 2018-19. 2. Shri. Pratik Mehta Appearing On Behalf Of The Assessee Submitted That The Solitary Issue In Present Appeal Is Against The Addition Of ₹30,47,000/- U/S 56(2)(X) Of The Income Tax Act, 1961

For Appellant: Shri Pratik MehtaFor Respondent: Shri H.M.Bhatt
Section 56(2)(x)

brother vide Agreement for Sale dated 17.02.2018 (at Page No. 148 of the Paper Book). By the time Sale Agreement was registered, the stamp duty value of flat had considerably increased to ₹ 1,30,94,000/-. In scrutiny assessment proceedings the AO invoked the provisions of section ... made addition of difference between the stamp duty value and total consideration. Since, share of the assessee in flat is 50%, the AO made addition of 50% of total difference, u/s 56(2)(x) of the Act in hands of the assessee 2.1. The Ld. AR made two fold submissions