Property purchase - paying more then registration value

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I am planning to purchase a flat for 50 lakh. I am taking 40 lakh loan from icici. Bank is ready to split the loan amount into two - 25 lakh and 15 lakh (both these cheques will be made in favor of seller). Out of these I am planning to show only 25 lakh as part of registration. Balance 10 lakh i will be paying from my sources, making the total registration value as 35 lakh.

Can I show the 15 lakh part of loan towards interiors/furniture in the house? since registration is not going to cover these 15 lakh what documentation should I and the seller maintain? How will IT auditors view this?

I do not want to convert these 15 lakh into black and pay the seller.

The reason I am splitting the loan is to save on registration fee since my registration value of 35 lakh is already way above govt guidance.

Seller is going to re-invest whole of 50 lakh in another property, so there is no question of capital gain tax for him.

Please guide.

Replies (7)

if your bank agree to accept you can do it, 

calculation is wrong .25+15=40L, not 30L

But how will IT view this? What kind of documentation should seller provide to show these 15 lakhs  while filing his IT returns? The sale deed is not going to have any reference to these 15 lakhs.
 

sale deed is with 35 Lacs which is above the bank loan, as you said you have to limit the registration under 35L, so 30 from bank + 5 from yourself, =35, what else you need?

As you had pointed out my typo earlier (corrected it now in original post too to avoid confusion), my loan is 40L (25L+15L) and not 30L. I have sold another property from which I have earned 10L which I need to invest in this deal.

So 25L from bank and 10L from my source are the 2 amounts which are going to be part of my sale deed of 35L.

The remaining 15L from Bank I want to give to seller but do not want to mention in sale deed. And I am trying to figure out what documentation I should give to seller so that he can show the source of this 15L while doing his IT returns.

Thanks for your interest in my question. TIA.

depends how the seller will accept the amount..............as if its not mentioned in sale instruments, it would be subject to vat @ 15% or service tax @ 10.3% discuss the fact with your vendor and legal consultant, incometax has no deal with it, incometax has to see only the documents of property and transaction authentication. 

Can't I just give him reciept saying this 15L amount was paid to him towards the furniture/interiors of the house. Can't it be treated some kind of personal transaction to avoid service tax? Would it be any different of this amount is less then 10L?

Please guide and btw thanks for your valuable inputs.

above 5 Lacs of sale , he is getting liable for vat, above 10 Lacs he is getting liable for service tax, we are unware of his personal business, as these receipts would get added to his vat sales / taxable services, in case he is doing business with vat/service tax.

I feel that your registration instrument is getting prepared with an advocate, clear the facts to him, he will guide the possibilities, as he is familier with yourself and the vendor.


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