Applicability of section 56(2)(x) of income tax act to real estate dealers

Tax planning 337 views 3 replies

Mr.X (a real estate dealer)  is willing to buy a land situated near by industrial area of 5acres and hold it as stock in trade.

stamp duty value of the property is 110 lakhs..

actually there is no active market as it is near industrial area and seller is selling for 70 lakhs.

question 1: in case of buyer will the difference amount of 40 lakhs invoke section 56(2)(x) even though Mr.X held as stock in trade?

question  2: can we ask the ITO to refer the case to valuation officer for deciding actual value less than Stamp Duty Value? 

Replies (3)
Ans to query 1-
56(2)(x) not attracted in case of asset held as stock in trade
Ans to query 2 -
Seller can ask to ITO for referring the case to valuation officer & not buyer while invoking section 43CA

Thank you nikhil for your reply..

For the Answer 1 Can i have any reference section from you regarding this "that sec 56(2)(x) is not applicable for buyer  when  he holds it as stock in trade?

there is no section but there is a circular on it. U can search


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