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Issue ID: 109448
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Section 50c

Date 24 Nov 2015
Replies1 Reply
Views 1043 Views
Asked by
Section 50C valuation permits tax based on stamp-duty value despite lower actual sale consideration in assessment.
When the stamp-duty valuation exceeds the declared sale price, the higher stamp-duty value is treated as deemed sale consideration for computing capital gains under Section 50C, permitting the assessing officer to tax the difference between stamp-duty value and actual sale consideration; in the presented factual scenario the respondent advised that such a demand is correct and no remedy was available. (AI Summary)

Dear Experts,

Kindly resolve my query,

I sold my house at a value lesser than a value adopted for the purpose of stamp duty and in that particular case.

Valuation for stamp duty -10,000

my transaction value(Actual sale value) - 8,000

And my assessing officer is demanding tax on differential amount i.e. 2,000 while applying section 50c

Is there any kind of remedy availabe because i sold my property actually at 8000 .

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Replied on Nov 30, 2015
1.

The demand of tax on differential amount is correct. No remedy is available.

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