This discussion clarifies whether stamp duty paid on a residential property can be included as part of the cost of acquisition when calculating capital gains tax upon sale. The consensus is yes, the stamp duty amount can be considered in the cost of acquisition. This is permissible irrespective of whether a deduction for the stamp duty was previously claimed under Section 80C of the Income Tax Act.
02 April 2020
Mr. X purchased a residential house property in FY 2007-08 and claimed stamp duty of Rs. 1,20,000 as deduction u/s 80C in Income Tax Return of FY 2007-08 (AY 2008-09).
Now, Mr. X has sold this residential house property in FY 2019-20. In order to compute capital gains, this stamp duty of Rs. 1,20,000 can be considered in cost of acquisition?