Consideration less than stamp value who is assessed

312 views 2 replies
consideration less than guideline value or stamp who is assessed.
Replies (2)
If stamp value is more upto 5% , it's ignored and agreement value is allowable.

If it's more than 5% then difference between two is taxable as deemed income under IFOS in the hands of both buyer and seller

1. From the seller's point of view,
If the capital asset being land, building or both is sold during the year, where the difference with respect to consideration and Stamp Duty Value(SDV) exceeds 5% as variations then for the purpose of sec 48 (capital gains computation) Stamp Duty Value shall be taken. 
In other cases, actual sale consideration will be used for computing capital gains. 
2. From the buyer's point of view,
As per sec 56(2)(x), any person receives an immovable property for inadequate consideration where the difference as per stamp duty value and consideration paid for that property exceeds Rs. 50,000 and 5% of the consideration, then the entire difference will be charged to tax as income under the head Income from other sources in the hands of the buyer. The cost of acquisition for the buyer at the time of selling the IP will be, the actual cost paid the plus amount for which tax already paid u/s 56(2)(x). 
3. The concept of guideline value will be applicable for both the Buyer and as well as the seller. However, the section varies. 
Please correct me if the above solution has an alternative view. 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details