Section 50C

Tax queries 1152 views 3 replies

I sold a property for 15 Lacs in 2006.The purchaser paid stampduty on 25 lacs(market value calculated by stampduty department based on rate derived from ready reckoner,max rate of that zone) on the property.The indexed 1981 value is 8 lacs.Unaware of 50C only 7 lacs were deposited in Rural Electrification Bonds.The IT department is claiming capital gain tax under 50C on the property valued 25 lacs , so additional tax on 25 - 15=10lacs.I have got a valuation report by a goverment recognised valuator stating the property value at 13.5 lacs for the year 2006 on which basis I sold it at 15 lacs.This is the highest rate at which the sale took place in that bulding, as its a Mhada construction with sub standard construction, inadequate space for parking, covered by two sides with a nearby building with less than 10 feet of gap.

The case has gone for an appeal since Jan this year, but no hearing since than.How to find the status of the appeal?

Please guide how to proceed further in this case when it comes for hearing? What additional documents will help me in defending my case? Can someone give me details of cases against/challenging section 50c of the Income tax act in regards to the calculation considered of the stampduty department?

Replies (3)

On the sale deed the registrar will write the market value at the time of sale u can take it as reference as what was the market value at the time of sale.The value given on the sale deed can also be considered as value u/s 50C.

Originally posted by : karan challani

On the sale deed the registrar will write the market value at the time of sale u can take it as reference as what was the market value at the time of sale.The value given on the sale deed can also be considered as value u/s 50C.

On the sale deed 15 lacs is mentioned as in marathi as mobadla and 25 lacs as bazaar mulya.The property was alloted in the year 2005 and sold in 2006.In 2005 during allotment additional area alloted was charged @ Rs.1500 per square feet.Can this rate be used to my advantage?

as written in sale deed the market value is 25lakh the same has to be used for capital gains......i.e 25lakh less cost of acqusition.  


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