The Commerce Journal,Business and Local Businesses
*The Commerce Journal>>>India Taxes

For computing short term capital gain on sale of house the sale price wil be agreement value / Stamp value?


in case the stamp value is 25lacs whereas agreement value is 18 lacs the tax will be calculated on 18lacs / 25 lacs ?

It will be higher of both read section 50C of I T Act

Special provision for full value of consideration in certain cases.

50C. (1) Where the consideration received or accruing as a result of the transfer by an assessee of a capital asset, being land or building or both, is less than the value adopted or assessed by any authority of a State Government (hereafter in this section referred to as the 鈥渟tamp valuation authority鈥? for the purpose of payment of stamp duty in respect of such transfer, the value so adopted or assessed shall, for the purposes of section 48, be deemed to be the full value of the consideration received or accruing as a result of such transfer.

(2) Without prejudice to the provisions of sub-section (1), where鈥?br>
(a) the assessee claims before any Assessing Officer that the value adopted or assessed by the stamp valuation authority under sub-section (1) exceeds the fair market value of the property as on the date of transfer;

(b) the value so adopted or assessed by the stamp valuation authority under sub-section (1) has not been disputed in any appeal or revision or no reference has been made before any other authority, court or the High Court,

the Assessing Officer may refer the valuation of the capital asset to a Valuation Officer and where any such reference is made, the provisions of sub-sections (2), (3), (4), (5) and (6) of section 16A, clause (i) of sub-section (1) and sub-sections (6) and (7) of section 23A, sub-section (5) of section 24, section 34AA, section 35 and section 37 of the Wealth-tax Act, 1957 (27 of 1957), shall, with necessary modifications, apply in relation to such reference as they apply in relation to a reference made by the Assessing Officer under sub-section (1) of section 16A of that Act.

Explanation.鈥擣or the purposes of this section, 鈥淰aluation Officer鈥?shall have the same meaning as in clause (r) of section 2 of the Wealth-tax Act, 1957 (27 of 1957).

(3) Subject to the provisions contained in sub-section (2), where the value ascertained under sub-section (2) exceeds the value adopted or assessed by the stamp valuation authority referred to in sub-section (1), the value so adopted or assessed by such authority shall be taken as the full value of the consideration received or accruing as a result of the transfer.]

Definitely on the agreement value. If you're going to be paid only 18 lacs, why would you pay tax on 25?

By the way, everyone knows how much black money is involved in property business, including the department. So, consult your officer. He may not accept the agreement value!!!

sorry, there is some confusion in your question. how can the agreement value be less than the stamp value. anyway, the amount to be declared and tax paid for is the value what you show on the registration papers.

Tags
  United States Taxes   United Kingdom Taxes   Spain Taxes   Singapore Taxes   Mexico Taxes   Ireland Taxes   India Taxes   Germany Taxes   Canada Taxes   Australia Taxes   Small Business
Related information
  • If i got a PAN Card.. should i file ITR eventhough i've no taxable income?

    There is no law saying that everyone who has PAN has to file Income Tax. Where as it is always better to file your return whether it is nil or what ever..

    ...
  • Is any specific format for Share traders accounts(book keeping)?

    Use excel sheets and the formulas there. Its good

    ...
  • I applied to change name Online my name has changed, but not PAN card received yet?

    You said you've checked online that your name is changed. Delivery of PAN card normally takes 20-25 days. So, wait.

    ...
  • If i invest in lic of india in my sisters name and brothers name, will I get the income tax emption.?

    no ,for more detail read the following ...

  • Pl give me detals of 10000 per year (3yrs deposit scheme) on my email id?

    I suppose you are talking about the ULIP schemes of Insurance companies. It is in fact not a three years deposit scheme.In this schem you will have to invest for atleast 3 years to redeem your mone...

  • Gift Tax and Estate Duty (Inheritance Tax)?

    Mr. ABC will not liable to any tax on the inheritance received from Ms. XYZ. If, the gift if received under a WILL it will not taxable in the hands of recipient.

    ...
  • What will be total pay in pay scale 8000-275-13500 IN GR-A TECHNICAL POST ?

    if u want to know u have to make efforts. go to www.minfin.nic.in and on the lefr hand corner at the bottom of the page u will find a link for sixth pay commission. click on that and find out wish...

  • Don't we have an option of online checking of PF accounts in India?

    Yes, provided you have the account with SBI. You can access & operate the account on their internet portal , as follows: ...

  •  

    Commerce Categories--Copyright/IP Policy--Contact Webmaster