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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

ITO - 25(3)(3), Mumbai vs. Rajni D. Saini, Mumbai

In the result, appeal by the Revenue is dismissed

ITA 7120/MUM/2018[2014-15]Status: DisposedITAT Mumbai09 Nov 2022AY 2014-15

Bench: Shri G. S. Pannu & Shri Vikas Awasthyआअसं. 7120/मुं/2018 (िन.व. 2014-15) Income Tax Officer- 25(3)(3), Room No.606, 6Th Floor, C-10, Pratyaksh Kar Bhavan, Bandra Kurla Complex, Bandra (E) Mumbai – 400 051 ...... अपीलाथ" /Appellant बनाम Vs. Rajni D. Saini 6, Lalit Kunj, Dadabhai Road, Vile Parle (West), Mumbai 400 056. Pan: Aacps-7288-J ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Smt. Shailaja Rai "ितवादी "ारा/Respondent By : Dr. K. Shivram With Shri Shashi Bekal सुनवाई की ितिथ/ Date Of Hearing : 11/08/2022 घोषणा की ितिथ/ Date Of Pronouncement : 09/11/2022 आदेश/ Order This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)- 37, Mumbai [ In Short ‘The Cit(A)’] Dated 4/10/2018 For The Assessment Year 2014-15. 2. The Revenue In Appeal Has Raised Eight Grounds Assailing The Findings Of Cit(A) Deleting Addition Of Rs.5,13,25,000/- U/S. 56(2)(Vii)(B) Of The Income Tax

For Appellant: Smt. Shailaja RaiFor Respondent: Dr. K. Shivram with Shri Shashi Bekal
Section 56(2)(vii)

submission is, that the date of allotment of immovable property is 19/05/2010. The last payment was made by the assessee on 17/12/2012. The stamp duty value of the property on the date of allotment was Rs.2.54 crores i.e. less than the actual sale consideration, therefore, amended provisions introduced ... purchase consideration, confirmation from the builder that entire amount of consideration was paid before the date of registration of sale deed. The stamp duty value of the property at the time of allotment was Rs. 2.54 crores as against the agreed purchase consideration of Rs.2.60 crores. Thus, at the time

Disha Construction, Mumbai vs. Pr CIT, Mumbai-17, Mumbai

ITA 955/MUM/2022[2017-18]Status: DisposedITAT Mumbai31 Oct 2022AY 2017-18

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.955/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2017-18) Disha Construction बिधम/ Pcit, Mumbai-17 201, Square One, Gulmohar R. No. 120, 1St Floor, Vs. Road No.1, Vile Parle (W), Kautilya Bhavan, C-41 To Mumbai-400049. C-43, G Block, Bandra Kurla Complex, Bandra (E), Mumbai. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadfd9171G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Ashok Bansal/Ajay Daga Revenue By: Shri S. H. Usmani (Dr) सुनवाई की तारीख / Date Of Hearing: 19/09/2022 घोषणा की तारीख /Date Of Pronouncement: 31/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax-17, [Hereinafter Referred To As The “Pcit”], Mumbai Dated 14.03.2022 For Assessment Year 2017-18 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri Ashok Bansal/Ajay DagaFor Respondent: Shri S. H. Usmani (DR)
Section 143(2)Section 143(3)Section 199Section 263Section 43C

member’ while the consideration as per agreement to sale is only in respect of additional area bought by the society member resulting in stamp duty value being higher than the agreement value though the agreement value in respect of the additional area sold is generally higher than the stamp duty ... sale (two agreements in respect under-construction Sat Anupa project and five (5) agreements in respect of the completed D-Square project}, the stamp duty value was higher than the agreement value. 10 A.Y. 2017-18 Disha Construction 12. In the course of assessment proceeding, the AO vide notice