CA
222 Points
Joined February 2008
Where valuation can be referred to the Valuation Officer [Section 50C(2)]: If the following conditions are
satisfied, the Assessing Officer may refer the valuation of the relevant asset to a Valuation Officer in accordance with section 55A of the Income-tax Act:
(i) where the assessee claims before the Assessing Officer that the value adopted or assessed by the
stamp valuation authority exceeds the fair market value of the property as on the date of
transfer; and
(ii) the value so adopted or assessed by stamp valuation authority has not been disputed, in any
appeal or revision or reference before any authority or Court,
Consequences where the value is determined by the Valuation Officer: If the fair market value
determined by the Valuation Officer is less than the value adopted for stamp duty purposes, the
Assessing Officer may take such fair market value to be the full value of consideration. However, as per
section 50C(3),
if the fair market value determined by the Valuation Officer is more than the value
adopted or assessed for stamp duty purposes, the Assessing Officer shall not adopt such fair market
value and will take the full value of consideration to be the value adopted or assessed for stamp duty
purposes.