Sale deed vs agreement issue

Tax queries 189 views 1 replies

Dear gurus - I purchased a flat for 20 Lakhs in 2004. But the builder had kept only 10 Lakhs in sale deed. I have all sale agreement and documents to prove I paid 20 Lakhs at that time. I now sold it for 60 Lakhs and kept entire amount in registration because I did not want anything as black money. But I am now stuck with 50 Lakhs capital gains against 40 Lakhs even though all above transactions were via cheque and legal route. Can I use sale agreement amount for LTCG calculation instead of sale deed? Any other options to ensure I suffer for the 10 Lakhs black that builder made though it was white clean cheque money for me ?

 

Thank you

 

Replies (1)

The mistake could have been rectified at that time itself.

Secondly stamp duty paid over the sale deed document would not be over 20 lakhs, but for 10 lakhs... So difficult to justify.

Thirdly department cannot reopen case with builder (as more than 6 years passed); thus you will be liable to pay more rather then saving CG.


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