Capital Gain on Sale by Bank Public Auction
This query is : Resolved
Golden Acres
(Querist)
25 September 2020
Hi,
My query is as under:
Mr.ABC had mortgaged his residence in Mumbai to a Bank. Upon default the bank took possession and has Auctioned his property by public auction.
Value of the residence as per Ready Reckoner: Rs.3.50 cr
However the bank auctioned the property at much lower value of: Rs.2.75 cr
It is clear to Mr.ABC that he will have to pay LT Capital Gain on this sale. However the Sale consideration for the purpose of Capital Gain should be taken as RR vale (3.50 cr)or Auction value (Rs.2.75 cr).
If Auction value is acceptable, under what provision can he claim this reduction in sale value.
Please advise.
Thank You
My query is as under:
Mr.ABC had mortgaged his residence in Mumbai to a Bank. Upon default the bank took possession and has Auctioned his property by public auction.
Value of the residence as per Ready Reckoner: Rs.3.50 cr
However the bank auctioned the property at much lower value of: Rs.2.75 cr
It is clear to Mr.ABC that he will have to pay LT Capital Gain on this sale. However the Sale consideration for the purpose of Capital Gain should be taken as RR vale (3.50 cr)or Auction value (Rs.2.75 cr).
If Auction value is acceptable, under what provision can he claim this reduction in sale value.
Please advise.
Thank You
CA R SEETHARAMAN
(Expert)
25 September 2020
See the link.
Adopt public action value for stamp duty.
https://www.mondaq.com/india/trials-appeals-compensation/805500/guidelines-for-determination-of-market-value-for-computing-the-stamp-duty-on-a-sale-certificate-bombay-high-court
Adopt public action value for stamp duty.
https://www.mondaq.com/india/trials-appeals-compensation/805500/guidelines-for-determination-of-market-value-for-computing-the-stamp-duty-on-a-sale-certificate-bombay-high-court
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