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Difference between sale deed and sale aggrement


Ravi Reddy   27 January 2020

Ravi Reddy

 1 points

| My Other Post

I am selling a vacant plot to a buyer.
 
Mutual price agreed is Rs. 80/- lakhs and recorded in sale agreement.
 
But buyer insists that that he will register the property for only Rs. 52/- lakhs (Goverement guidance value) , he wants to save money on registration.
 
I have below questions.
 
1. I have told the buyer that I need all the money in white and be deposited in my bank account.
 
2. I am planning to declare the entire amount of Rs. 80/- lakhs in my income tax return and pay capital gain tax, if applicable.
 
3. But my question is, if my case comes up for scrutiny, will the assessing officer agree with my argument that buyer registed for only Rs. 52 lakhs, but I received Rs. 80/- lakhs?
Because there is no proof for that legally , except the sale aggrement.
 
4. What if the assessing/incometax officer demand that he will treat the difference (Rs. 80 lakhs - Rs. 52 lakhs = Rs. 28 lakhs) as income from other sources and tax me at 30%?
 
5. As the sale deed exceeds more then 50 lakhs I have to deposit 1% as TDS , so this should be at 52 lakhs or 80 lakhs ?
 
Please help me with this query.

avater

CS Vishal Mehta (Self Employed)     29 January 2020

CS Vishal Mehta
Self Employed 
 15 likes  429 points

View Profile | My Other Post

There seems some kind of misunderstanding between seller and buyer because registration must be of such amount mentioned officially in sale agreement or sale deed, and if the white income is declared as 52 lacs then only 52 lacs will be considered in this transaction, rest amount is black income if received in cash or income from other sources if received in bank. TDS of 1% can be application on the amount in which sale agreement is executed.


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