Can purchase value of property be lower than stamp value? If yes to what extent? Is value of property is 5% less than stamp value acceptable?
2 Replies
Suresh Thiyagarajan
(Student)
(3986 Points)
Replied 11 September 2019
1. Sec 50C is for the purpose of computation of capital gains and not for any other purpose.
2. As per 3rd proviso to sec 50C it is hereby clarified that if the value determined by the stamp valuation authority is not more than 105% of the sale consideration then for the purpose of sec 48 actual sale consideration will be used in arriving at capital gains.
3. From the angle of the purchaser as per sec 56(2)(x) stamp duty value should not be more than 5% of the actual amount paid for that immovable property. If this condition is not satisfied and the differential amount exceeds Rs. 50,000 then the same differential amount will be taxed under the head "Income from Other Sources".
Please correct me if the above solution has an alternative view.
Kapadia Pravin
(17259 Points)
Replied 11 September 2019
If purchase value is 10 lakhs and stamp value is 10.50 lakhs then it's ok and acceptable.
That is Stamp value can not be more than 5% of purchase value.
in above exemple if stamp value is 11 lakhs then difference is 1 lakh.
This 1 lakh will be deemed income under income from other sources in the return of buyer and seller both.
That is Stamp value can not be more than 5% of purchase value.
in above exemple if stamp value is 11 lakhs then difference is 1 lakh.
This 1 lakh will be deemed income under income from other sources in the return of buyer and seller both.
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