Please help Sec 50C -deemed value of consideration??
CS,CA F,Numrologi TusharSampat (CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert) (85930 Points)
25 May 2011CS,CA F,Numrologi TusharSampat (CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert) (85930 Points)
25 May 2011
CA Harshit Rastogi
(Chartered Accountant)
(722 Points)
Replied 25 May 2011
It should be Rs. 1900000/-
CS,CA F,Numrologi TusharSampat
(CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert)
(85930 Points)
Replied 25 May 2011
But d value adopted fr stamp duty payment is rs 23,00,000 n duty already paid,
so as per sec 50c tht shld be taken as deemed val of consideration,
why 1900000???? any reason behind it ?
CA Harshit Rastogi
(Chartered Accountant)
(722 Points)
Replied 25 May 2011
Sec 50C says that value taken by Stam duty Authority......In ur case value taken by stamp duty authority is revised hence it should be taken at rs. 1900000/-......it is irrelevent that on what amount u have alreadt paid stamp duty
CS,CA F,Numrologi TusharSampat
(CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert)
(85930 Points)
Replied 25 May 2011
But Value taken fr payment of stamp duty is rs23,00,000 n duty already paid on it ....this is revised after making stamp duty payment n not b4 manking stamp duty paymnet.....thn also tak 19,00,000 ????
CA Harshit Rastogi
(Chartered Accountant)
(722 Points)
Replied 25 May 2011
Sec 50C says that value taken by Stam duty Authority......In ur case value taken by stamp duty authority is revised hence it should be taken at rs. 1900000/-......it is irrelevent that on what amount u have already paid stamp duty...
CS,CA F,Numrologi TusharSampat
(CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert)
(85930 Points)
Replied 25 May 2011
If 23,00,000 value is irrelevant thn you are nt going by the wordings of sec 50c??????
CA Harshit Rastogi
(Chartered Accountant)
(722 Points)
Replied 25 May 2011
Pls refer Sec...50C(2)......it is vry clear about it...........u should claim before the A.O. that value taken for the purpose of stam duty is exceeds its FMV.....and A.O is duty bound to calculate Cap gain on Rs. 1900000/- Practically u can submit the proof that stamp duty authority had revised it Value
CS,CA F,Numrologi TusharSampat
(CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert)
(85930 Points)
Replied 25 May 2011
helooooooo! i have referred it n then only m writng....u understand wats d problm....
AO can always argue that if we had a dispute with the stamp duty valuation of23,00,000 thn y did we challenge it after tranfering the land to buyer n not before??????????
He willl says when u accept23,00,000 for paying stamp duty n stamp duty is in fact paid also..... but whn u needed to take it as full value of consideration as deemed value for cal of LTCG .n saving tax...thn u challenge...thn wat i shld reply.....pls tell me???
CA Harshit Rastogi
(Chartered Accountant)
(722 Points)
Replied 25 May 2011
then it refer to valuation officer ..........Why A.O argue on that matter???
CS,CA F,Numrologi TusharSampat
(CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert)
(85930 Points)
Replied 25 May 2011
AO will argue as i am saving tax on d diffrence of rs 4,00,000 (23,00,000-19,00,000) n wat anbt d stamp duty paid will i get d refund on Rs 4,00,000???????
Thnxxx for ur replies....
Paresh Rathod
(CA)
(222 Points)
Replied 25 May 2011
Where valuation can be referred to the Valuation Officer [Section 50C(2)]: If the following conditions are
satisfied, the Assessing Officer may refer the valuation of the relevant asset to a Valuation Officer in accordance with section 55A of the Income-tax Act:
(i) where the assessee claims before the Assessing Officer that the value adopted or assessed by the
stamp valuation authority exceeds the fair market value of the property as on the date of
transfer; and
(ii) the value so adopted or assessed by stamp valuation authority has not been disputed, in any
appeal or revision or reference before any authority or Court,
Consequences where the value is determined by the Valuation Officer: If the fair market value
determined by the Valuation Officer is less than the value adopted for stamp duty purposes, the
Assessing Officer may take such fair market value to be the full value of consideration. However, as per
section 50C(3),
if the fair market value determined by the Valuation Officer is more than the value
adopted or assessed for stamp duty purposes, the Assessing Officer shall not adopt such fair market
value and will take the full value of consideration to be the value adopted or assessed for stamp duty
purposes.
Arvind Sharma
(ACA)
(1432 Points)
Replied 25 May 2011
definetly AO will take Rs. 1900000
how can he overrulle value decided by Court....?????
No doubt.... If AO takes Rs. 2300000, go to appeal, you will definetly won...