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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

Kakrla Surya Gangadhar Tilak, Visakhapatnam vs. The Income Tax Officer, Ward-3(3), Visakhapatnam

In the result, appeals filed by the assessee are allowed

ITA 178/VIZ/2020[2007-08]Status: DisposedITAT Visakhapatnam31 May 2023AY 2007-08

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.177/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2007-08) Smt.Kakarla Guna Vidya Saraswathi Vs. Income Tax Officer C/O Kakrla Surya Gangadhar Tilak Ward-3(3) A-1, Janani Apartments Visakhapatnam Pandurangaswamy Temple Backside Pandurangapuram Visakhapatnam [Pan : Apjpk5999N] आयकर अपील सं./I.T.A.No.178/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2007-08) Sri Kakarla Surya Gangadhar Tilak Vs. Income Tax Officer A-1, Janani Apartments Ward-1(2) Pandurangaswamy Temple Backside Visakhapatnam Pandurangapuram Visakhapatnam [Pan : Ahbpk5319G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri I.Kama Sastry, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 27.02.2023 घोर्णध की तधरीख/Date Of Pronouncement : 31.05.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)]-1 Visakhapatnam

For Appellant: Shri I.Kama Sastry, ARFor Respondent: Shri O.N.Hari Prasada Rao, DR
Section 1Section 144Section 148Section 274

share. The property was sold for a consideration of Rs.50,00,000/- vide sale deed registered as document No.3089/06 dated 22.06.2006, whereas, the stamp duty value as on the date of registration was Rs.70,68,500/-. The immovable property was purchased by the co-owners for a consideration of Rs.24

Kakarla Guna Vidya Saraswathi, Visakhapatnam vs. The Income Tax Officer, Ward-1(2), Visakhapatnam

In the result, appeals filed by the assessee are allowed

ITA 177/VIZ/2020[2007-08]Status: DisposedITAT Visakhapatnam31 May 2023AY 2007-08

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.177/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2007-08) Smt.Kakarla Guna Vidya Saraswathi Vs. Income Tax Officer C/O Kakrla Surya Gangadhar Tilak Ward-3(3) A-1, Janani Apartments Visakhapatnam Pandurangaswamy Temple Backside Pandurangapuram Visakhapatnam [Pan : Apjpk5999N] आयकर अपील सं./I.T.A.No.178/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2007-08) Sri Kakarla Surya Gangadhar Tilak Vs. Income Tax Officer A-1, Janani Apartments Ward-1(2) Pandurangaswamy Temple Backside Visakhapatnam Pandurangapuram Visakhapatnam [Pan : Ahbpk5319G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri I.Kama Sastry, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 27.02.2023 घोर्णध की तधरीख/Date Of Pronouncement : 31.05.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)]-1 Visakhapatnam

For Appellant: Shri I.Kama Sastry, ARFor Respondent: Shri O.N.Hari Prasada Rao, DR
Section 1Section 144Section 148Section 274

share. The property was sold for a consideration of Rs.50,00,000/- vide sale deed registered as document No.3089/06 dated 22.06.2006, whereas, the stamp duty value as on the date of registration was Rs.70,68,500/-. The immovable property was purchased by the co-owners for a consideration of Rs.24

Benudhar Gokulanand Biswal, Mumbai vs. National E Assessmet Centre, Mumbai

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

ITA 202/MUM/2023[2018-19]Status: DisposedITAT Mumbai29 May 2023AY 2018-19

Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadalebenudhar Gokulanand Vs. National E Assessment Biswal, Centre, H 302, Room.No 401,2 Nd Shanti Complex, Floor, E Ramp, Saki Vihar Road, Jawaharlal Nehru Powai, Stadium, Mumbai – 400072, New Delhi-110003. Pan/Gir No. : Adopb9106B Appellant .. Respondent Appellant By : Mr.Tanmay Phadke.Ar Respondent By : Ms.Naina K Kumar.Dr Date Of Hearing 20.04.2023 Date Of Pronouncement 29.05.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: 1.On The Facts & In The Circumstances Of The Case & As Per The Law, The National Faceless Appeal Centre/Commissioner Of Income Tax (Appeals) ["The Learned Commissioner (Appeals)]Despite Concluding That The Agreement For Sale Was Benudhar Gokulanand Biswal., Mumbai. Entered Into On 13.07.2009 (I.E. Prior To 01.04.2017), Failed To Appreciate That The Provisions Of Section 56(2)(X) Of The Act Which Was Inserted Vide Finance Act, 2017 & Made Expressly Applicable From 01.04.2017 Are Not Applicable To The Facts Under Consideration. The Addition Of Rs. 9,88,343/(50% Of Rs. 19,76,686/-) As Confirmed By The Learned Commissioner (Appeals) Under Section 56(2)(X) Of The Act Is Bad In Law & May Be Deleted.

For Appellant: Mr.Tanmay Phadke.ARFor Respondent: Ms.Naina K Kumar.DR
Section 143(1)Section 56(2)(x)

which (a) exceeds fifty thousand rupees, the whole of the aggregate value of such sum; (b) any immovable property.- (A) without consideration, the stamp duty value of which exceeds fifty thousand rupees, the stamp duty value of such property; for a consideration which is less than the stamp duty value ... property by an amount exceeding fifty thousand rupees, the stamp duty value of such property as exceeds such consideration: (B) Following item (B) shall be substituted for the existing item (B) of sub-clause (b) of clause (x) of sub-section (2) of section 56 by the Finance

Sulochana Saijan Modi, Mumbai vs. Income Tax Officer-National E-Assessment Centre, Mumbai

In the result, the appeal filed by assessee is allowed

ITA 557/MUM/2023[2018-2019]Status: DisposedITAT Mumbai23 May 2023AY 2018-2019

Bench: Shri Kuldip Singh& Shri Om Prakash Kantsulochana Saijan Modi, Ito, A-501, Akar Apartment, National E- बनाम/ Film City Road, Malad Assessment Centre, Vs. East, Mumbai-400097. Mumbai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaopm0887F (अपीलाथ"/Appellant) (""थ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri Shashi Tulsian ""थ" की ओर से/Respondent By: Shri Ajay Singh, Sr.Ar सुनवाई की तारीख/ Date Of Hearing 11/05/2023 घोषणा की तारीख /Date Of Pronouncement 23/05/2023 आदेश / Order Per Om Prakash Kant - Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.01.2023 Passed By Cit(A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] For Assessment Year (“Ay”) 2018-19. 2. The Grounds Raised By The Assessee Are Reproduced As Under: -

For Appellant: Shri Shashi TulsianFor Respondent: Shri Ajay Singh, Sr.AR
Section 143(3)Section 56(2)(x)

rupees, the whole of the aggregate value of such sum; (b) any immovable property,- 9 | P a g e (A) without consideration, the stamp duty value of which exceeds fifty thousand rupees, the stamp duty value of such property; (B) for a consideration, the stamp duty value of such property ... agreement fixing the amount of consideration for the transfer of immovable property and the date of registration are not the same, the stamp duty value on the date of agreement may be taken for the purposes of this sub- clause: Provided further that the provisions of the first proviso shall