I purchased property below govt rate from my sister

Tax queries 352 views 8 replies

I had to buy a house property from my younger sister as she made it a condition to resolve another property issue. At the last minute before registration of the sale deed, she demanded the cheque payment substantially lower than govt rate. I tried to convince her but she did not listen. I completed the transaction and paid stamp duty for the deed as per govt rate.

What are the tax implications for me? Should I pay TDS on amount paid to her or in the government rate?

All this happened two days ago.

Replies (8)

Deduct TDS as per Circle rate & deposit to treasury by filing form 26QB.

Selling price???

I paid 30L. Govt rate 55L

Biggest mistake never buy property below RRR even you paid stamp duty on market price, agreement price should be same or above RRR  and money paid should be same as agreement= RRR

Sure you get notice u/s 148 difference in RRR and agreement you are hiding income, show difference money as income from other sources.

My friend paid 3 Lakhs tax, intrest and penalties on 4 Lakhs difference in RRR and agreement price.

 

Why not you gone as gift from your sister. No tax , nominal 500 stamp duty.

 

Thanks for the resources. Very informative! URL

You are welcome.               

IF AGREEMENT VALUE LESS THAN STAMP DUTY VALUATION , YOU GET NOTICE LIKE THIS

WHILE YOU SUBMIT ITR ADD MONEY DIFFERANCE IN INCOME FROM OTHER SOURCES u/s 56(2)(vii) OR ASK YOUR CA WHERE TO SHOW THIS OR YOU PAY INTREST, PENALTIES IN FUTURE.

ANNEXURE
.
REASONS RECORDED FOR REOPENING
Brief details of the assessee:
The assessee has filed return of income for the A.Y. 2017-18 declaring total income at Rs.
455340/- on 6/25/2017.
2. Brief details of information collected/received by the A.O.:
An information is received from SRO- Boriwali 1, Mumbai that the assessee has
purchased property at Rs. 4000000/- as per agreement value, however the stamp
valuation of the property is at Rs. 4429575/-, thereby agreement undervalued at Rs.
429575/- and violating the provision of section 56(2)(vii) of the I.T.Act 1961.
3. Finding of the A.O.:
Descripttion of information Date of
Transaction
Amount admissible
u/s 56(2)(vii)
Violation of Provision of Section
56(2)(vii).
9/28/2016 Rs. 429575/-
4. Basis of forming reasons to believe and details of escapement of income:
The assessee has purchased immovable property at Rs. 4000000/- as per agreement
value, however as per stamp valuation market value is Rs. 4429575/-. Hence the
property sold/ purchased is undervalued at a price at Rs. 429575/- and thereby
violating the provisions of section 56(2)(vii) of the I.T.A ct,1961. Therefore, it clearly
indicates that the assessee’s main intention is escapement of income and not to pay
taxes.
5. Income chargeable to tax: - Rs. 429575/-.
6. Applicability of the provisions of section 147/151 to the facts of the case:
In this case no assessment was made and the only requirement to initiate proceedings
u/s 147 is reason to believe which has been recorded above referred Para no. 5.
7. In view of the above, it is pertinent to mention here that the provisions of clause (a) of
explanation 2 to section 147 are applicable to the facts of this case and the assessment
year under consideration is deemed to be a case where income chargeable to tax has
escaped assessment.
8. Necessary administrative approval from CCIT-5, Mumbai as per CBDT’s instruction F.No.



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