Section 43ca

Dear Sir, I had purchased a flat in Mumbai Mira road with agreement of ₹3724000 on 2011, as in dec 2014 I had paid stamp duty n registration according rise in market value of ₹4608000, my builder is asking black money as a tax difference between old agreement value n new market value ₹309000 as 35 (3724000-4608000=884000)...do I have to pay, if yes then what is the actual percent I hv to pay ??? Pls advice ??? Thanks ravin
Replies (6)

Was there any such clause in the agreement which provided for price escalation?

Confirm me the amount mentioned in sale deed

At booking time my agreement value was ₹3724000,only this is mentioned in the letter. Letter also stating that I hv to pay the difference Tax amt
At booking time my agreement value was ₹3724000,only this is mentioned in the letter. Letter also stating that I hv to pay the income tax on income arising out difference between the AV agreed at the time of booking n prevailing MV at the time of registration n also similar difference will be consider as income of the flat buyer a inadequate consideration paid for buyer of flat under section 56.....this was only mentioned in builder letter.....Pls mail me ur mail ID, I'll scan u the letter. Thanks

I am quoting S. 43CA and want you to tell me, whether the condition mentioned in last para is satisfied?

43CA. (1) Where the consideration received or accruing as a result of the transfer by an assessee of an asset (other than a capital asset), being land or building or both, is less than the value adopted or assessed or assessable by any authority of a State Government for the purpose of payment of stamp duty in respect of such transfer, the value so adopted or assessed or assessable shall, for the purposes of computing profits and gains from transfer of such asset, be deemed to be the full value of the consideration received or accruing as a result of such transfer.

(2) The provisions of sub-section (2) and sub-section (3) of section 50C shall, so far as may be, apply in relation to determination of the value adopted or assessed or assessable under sub-section (1).

(3) Where the date of agreement fixing the value of consideration for transfer of the asset and the date of registration of such transfer of asset are not the same, the value referred to in sub-section (1) may be taken as the value assessable by any authority of a State Government for the purpose of payment of stamp duty in respect of such transfer on the date of the agreement.

(4) The provisions of sub-section (3) shall apply only in a case where the amount of consideration or a part thereof has been received by any mode other than cash on or before the date of agreement for transfer of the asset.]

 

 

Sorry sir, I didnt understood the quote, can u pls call if possible on 9920349133

In tax matters ,written communications are much better

I'll mail you.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
31 October 2026
Accountants

sankaran and krishnan

New Delhi

B.Com

View Details
Company
ARTICLESHIP 28 October 2026
Article assistants

Shyam S Gupta and Company

New Delhi

CA Inter

View Details
Company
13 November 2026
Accountant

New Mobile India

Muzaffarpur

B.Com

View Details
Company
10 November 2026
Direct Tax Manager

CAAQ CONSULTANCY PVT LTD

New Delhi

CA Final

View Details
Company
ARTICLESHIP 07 November 2026
Article Assisstant

DPV & Associates

Chennai

CA Inter

View Details
Company
Featured ARTICLESHIP 28 October 2026
CA- Inter and Articles

N N V Satish & Co.,

Hyderabad

CA Inter

View Details
Company
Featured 07 November 2026
Chartered Accountant

DPV & Associates

Chennai

CA

View Details
Company
Featured 29 October 2026
Accounts Executive

Synergy Keystone

Chennai

B.Com

View Details