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Re-claim of Stamp Duty+registration for Under construction

NILESH B WAGHELA (Accounts Manager) (48 Points)

08 February 2010

Hi, Everybody,

I have query regarding my New Flat booked in Oct-2009, The Building is under Construction which probably get finish in Dec-2010.

My Agreement Value is 30,74,400.00 & I paid Stamp Duty + Registration Fees paid 1,88,890.00 in Nov-2009.

I got Loan Sanction 19 Lacs and my Pre-Construction EMI starting from Feb-2010 as I cannot Claim my Pre-Construction EMI until the possession I receive, but can I claim Stamp Duty + Registration Fees for A.Y. 2010-11.

Kindly advice, Thanks in advance.

W Neelesh

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10 Replies

Amir (Learner) (4016 Points)
Replied 08 February 2010

Dear Nilesh,

Registration/Stamp Charges are deductible u/s 80 C,

Bbut the opening words of said clause says - "for the purposes of purchase or construction of a residential house property the income from which is chargeable to tax under the head “Income from house property” (or which would, if it had not been used for the assessee’s own residence, have been chargeable to tax under that head),

Now my friend, till you get the possession it cannot be said that it a house property the income of which is chargeable to tax under "IHP" or otherwise Self occupied.

Therefore in present case it cannot be claimed....

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C.Balaji (Learner) (1867 Points)
Replied 08 February 2010

Mr.Amir brother

I have a query..

Does sec 80 C allow deduction for stamp charges/registration fees paid???

Please clarify me....

Amir (Learner) (4016 Points)
Replied 08 February 2010

Dear Balaji,

80C allows stamp charges, etc...........

C.Balaji (Learner) (1867 Points)
Replied 08 February 2010

so you mean Loan i.e.principal amount...post construction...

Deepak Kumar (Chartered Accoountant) (270 Points)
Replied 08 February 2010

If a person purchased a residential house without taking any loan, can he avail ded u/s 80c against stamp duty and registration fees paid?

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Amir (Learner) (4016 Points)
Replied 08 February 2010

Dear Balaji & Ajay

Yes "Payment of Stamp Duty" can be claimed u/s 80C even when Loan is not taken provided it is paid in the/after the year of acquisition........

RAJ (CA) (120 Points)
Replied 08 February 2010

My client has booked an under construction Flat & paid stamp Duty of Rs. 3,00,000/- the possession will be received in 2012. Can he claim 80C benefit upto Rs. 1,00,000/- & if not then how can this amount be claimed later. He is not left with any funds for seperate 80C Investment. moreover the property is bought against sale of old flat & he will be depositing the excess funds in Capital gains account

Amir (Learner) (4016 Points)
Replied 09 February 2010

Dear Raj,

U/s 80 C - Stamp duty charges are allowed in the year of payment provided property must be in posession..

Therefore in ur case this amount cannot be claimed neither in cuurent FY nor in the FY of posession

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RAJ (CA) (120 Points)
Replied 10 February 2010

Should we take a chance by claiming deduction u/s 80C. We all know that scrutiny's are rare and if done, we ultimately pay something irrespective of the fact that how clear is your track record.

2). If Stamp Duty paid is Rs. 3,00,000/- and there are three joint owners who paid the stamp duty equally can all claim the same upto permissible Rs. 1,00,000/- each.

CA Anil Jain (Chartered Accountant) (696 Points)
Replied 12 February 2010

if u would like to take chance with the indian tax scrutiny system, then why only with Stamp duty, why don't with any other fake deduction or suppression of actual income.

Mr. Raj. Now it is not easy to do tax evasion as AIR is there, furthermore your case may also fall in Scrutiny Basket.

So it's better to be honest rather than to pay 500% penalty along with the actual tax evaded and interest as fine.

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