ITR
Property sold below the stamp duty value
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Facts
For land or building, if stamp duty value is more than 110% of the sale price, the stamp value is taken as sale consideration. If it is within 110%, the actual price is accepted. You can dispute the stamp value before a valuation officer.
Provisions and law
- Sec 50C (now Sec 78)For land or building, stamp duty value replaces the sale price if it is higher by more than 10%
- Sec 112 (now Sec 197)Other long-term gains at 12.5% without indexation; resident individuals and HUFs may choose 20% with indexation for land or building bought before 23 July 2024
Analysis
Here ₹70 lakh is about 117% of ₹60 lakh, above the 110% limit, so Sec 50C (now Sec 78) makes you report ₹70 lakh. Schedule CG has a field for stamp duty value. If the stamp value is unfair, you can claim reference to a valuation officer in assessment. If the sale agreement was signed earlier with an advance by bank, the stamp value on the agreement date may be used.
Conclusion
- Check the stamp duty value on the deed.
- Compare it with 110% of the sale price.
- Report the higher value if the test fails.
- Keep agreement and payment records for the date rule.
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