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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

Rajib Rathindra Saha, Bhayander vs. ITO (It) 4 (2)(1), Mumbai

In the result, appeal of the assessee is partly allowed in the terms aforesaid

ITA 7352/MUM/2019[2014-15]Status: DisposedITAT Mumbai21 Feb 2022AY 2014-15

Bench: Shri Vikas Awasthyआअसं. 7352/मुं/2019 ("न.व 2014-15) Rajib Rathindra Saha, B-25 Divine Life Chs, Jesal Park, Bhayander (East), Thane 401 105 Pan: Appps-1480-J ...... अपीलाथ" /Appellant बनाम Vs. Ito(It)-4(2)(1), Air India Building, Nariman Point, Mumbai 400 021 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Himanshu Gandhi ""तवाद" "वारा/Respondent By : Shri R.A. Dhyani सुनवाई क" "त"थ/ Date Of Hearing : 26/11/2021 घोषणा क" "त"थ/ Date Of Pronouncement : 21/02/2022

For Appellant: Shri Himanshu GandhiFor Respondent: Shri R.A. Dhyani
Section 56(2)(vii)

Book. The ld. Authorized Representative for the assessee pointed that the aforesaid agreement was registered on 02/04/2014. On the date of registration the stamp duty value of the property was Rs.87,02,007/-. In assessment proceedings for Assessment Year 2014-15 the Assessing Officer held that since the agreement ... Finance Act 2013 w.e.f. 01/04/2014 would be applicable and hence, made addition of the difference between the consideration paid by the assessee and stamp duty value i.e. 18,53,457/-. During the assessment proceedings the assessee vide letter dated 22/12/2016 requested to refer the matter to DVO. The Assessing Officer