Section 50C

[kotamaraju shivakumar]

During scrutiny AO rejected revised computations not supported by revised returns reg Long term capital gains invested under section 54 and in the Appeal before CIT(A) enhanced assessment by accusing concealment of income arrived on the basis of section 50C.Difference between stamp duty value and sale consideration.Asseessee with husband abroad during material period.Authorised rep (AR) not furnished correct details even though entire information available with him.AY2011-12 Asseessee sold two properties and purchased one property one property inherited one during 1939 and other was purchased in 2006-07 Ay.AR submitted LTCG only for Land per sq yard not considered building and extension during 97-98 AY. for 2nd property sale agreement was on 31st July and sale deed was made on 16th august.state Govt increased market value from 1st august and Fair market value is less than stamp duty value.CIT(A) says we did enhancement on the basis of AR information.he said remand report received from AO.Ao not issued any notice for Remand report.CIT(A) issued penalty proceedings under section 271(1)(c) read with U/s 274 for concealment of income under section 50C. Kindly reply

[DR.MARIAPPAN GOVINDARAJAN]

Your case requires detailed analysis. Better to approach the professionals.

AI Summary

Valuation under section 50C: stamp duty value may trigger reassessment and penalty where declared consideration is lower. Dispute over valuation under section 50C where AO enhanced long term capital gains by adopting stamp duty value exceeding sale consideration; facts include differing dates for sale agreement and deed with a valuation change in between, contested inclusion of building/extension values, an authorised representative's failure to supply correct details, an AO remand report issued without notice, and subsequent penalty proceedings under section 271(1)(c) read with section 274 for alleged concealment under section 50C.