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Sec 50c clarification required

Tax queries 565 views 3 replies

As per sec 50C full value of consideration is

Actual sale consideration or value adopted as per stamp duty which ever is higher.

If any one sold property for 200000 but value assessed for payment of stamp duty as per government valuation is150000 :  As per sec 50C full value of consideration is 200000 . is it acceptable? if deed is registered for 150000 only.

Replies (3)

Correct provision is Where Actual Consideration recd is less than stamp duty value then stamp duty value will be taken as deemed consideration...

In the above example: Consideration should be 200000

In case if actual amount is more than stamp valuation by stamp authority then sec 50C says that Stamp value has to be ignored and actual amount is to be taken as Full vaule of consideration.

In above eg. take Full Value of consideration as rs2,00,000.

"if deed is registered for 150000 only"

.

This can happen when the amount or consideration of the property written in the deed is Rs. 150000/-. 

.

If you want to Show 150000/- as sales Consideration:

In such a case,  Rs.50000/- has to be shown as repaid or refunded -in case by mistake Rs. 200000/- cheque has been accepted from the party.

.

If you want to Show 200000/- as sales Consideration:

HAVE AN EXPLANATION BEFOREHAND FOR THE EXTRA  RS. 50000.


 


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