80 C income tax

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This query is : Resolved

Samridhi (Querist)

17 February 2011 Help me

A has purchased a house property from B. A has paid stamp duty charges of Rs. 80,000. But on stamp duty receipt of Rs. 80000/- payment has been received from B. Whether A is eligible for Rs. 80,000/- stamp duty payment(but receipt is in favour of B) in year of purchase under 80C. if not, then 80C describes which stamp duty charges

CA. Lohith Jagadeesh

CA. Lohith Jagadeesh (Expert)

18 February 2011 Hi,
Will get back to you with complete info & workings,

Regards
CA. LOHITH.J
B.Com,ACA,CS,(ICWA),SAPM Hons,ITF Hons

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)

14 July 2024 In order to claim deduction under Section 80C for stamp duty charges paid on the purchase of a house property, the payment must have been made by you (Taxpayer A) directly. Based on your description:

- Taxpayer A purchased a house property from B.
- The stamp duty charges were Rs. 80,000.
- The stamp duty receipt is in the name of B, but the payment was made by A.

### Eligibility for Deduction under Section 80C:

For Section 80C deduction, the payment of stamp duty must be made by the taxpayer claiming the deduction. Here's how it typically works:

1. **Payment by Taxpayer A:** Since Taxpayer A made the payment of Rs. 80,000 towards stamp duty charges, A is eligible to claim deduction under Section 80C.

2. **Receipt in Name of B:** The fact that the stamp duty receipt is in the name of B (the seller) does not necessarily affect A's eligibility for claiming the deduction, as long as A can provide evidence that the payment was indeed made by them.

3. **Documentation:** To claim the deduction:
- A should have proof of payment (such as bank transaction details, receipt from the registration authority, etc.) showing that Rs. 80,000 was paid towards stamp duty.
- A should also ensure that all documents related to the property purchase, including the stamp duty receipt (even if in B's name), are kept for verification purposes.

### Conclusion:

Taxpayer A can claim deduction under Section 80C for the stamp duty charges paid (Rs. 80,000) on the purchase of the house property, provided that the payment was made directly by A. The fact that the receipt might be in the name of B does not preclude A from claiming this deduction, as long as A can substantiate the payment.

Ensure that you have all necessary documentation in place when filing your income tax return to support your claim for deduction under Section 80C.

If you have any more questions or need further clarification, feel free to ask!

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