Will Section 50C & Sec69 applicable here ??

hello everyone .... ur opinion required....

Builder selling a 500 sqft flat to our client @ 2000/- per sq.ft. ( Rs:10,00,000 /= )

actual prevailing rate is 4000/- per sq.ft. value comes to rs. 20,00,000 /= .

Agreement sale value will be 10,00,000 /= . Stamp duty will be payable as per

market value of rs. 20,00,000 /= .

In this case will section 50C be applicable on the builder as he is selling the flat

at lower value....

as sec 50 C ... covers only the transfer of the property in the nature of ‘capital asset’ leaving out of its ambit the transfer of land and building held as trading asset/stock-in-trade, as there is no deeming provision that could apply to the determination of income under the head ‘profits and gains of business or profession’
Also .... if our client is buying @ 2000 /- per sq.ft can sec 50C target the purchaser or transferee ( i.e. our client ) .... on the ground of undisclosed investment.
can A.O. invoke sec 69 in the hands of purchaser by holding that the purchase consideration declared was less than the value determined for the purpose of stamp duty and make an addition of the difference in our client hands.

I think it is better to buy only at prevailing rate of 4000 /- per sq.ft.... if the above mentioned sections can held the purchaser at default....or should the client go ahead with deal ?? .

will like to get ur opinions on this...

Replies (1)

Regarding above query .. builder is definitely not at fault ...

Will the purchaser be at default  if  he  buys at lower rate ??

 

Where can we get complete list of  case laws till date for reference ??

 for time being can someone provide details of the following case laws :-

1)Mohamed Bux Shokat Ali 256 ITR 355 (Raj).

2)Nidhi Transport Corporation 76 CTR 221 (Ker).

thanx

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details
Company
25 August 2026
Senior Accountant

MG Associates

New Delhi

CA Inter

View Details
Company
09 September 2026
SENIOR AUDITOR & ACCOUNTS MANAGER

Anupam Parashar & Co.

Ghaziabad

CA Final

View Details
Company
ARTICLESHIP 16 September 2026
CA Article Trainee

SR BAGAI & Co.

New Delhi

CA Inter

View Details
Company
20 September 2026
Semi Qualified CA

Navin & Associates

Mumbai

CA Inter

View Details
Company
28 August 2026
Audit Manager

K A R M & CO

Mumbai

CMA

View Details
Company
ARTICLESHIP 01 September 2026
Article Assistant

SGNG & Associates

New Delhi

CA Inter

View Details
Company
09 September 2026
Chartered Accountant

Aviv Global Private Limited

Ahmedabad

CA

View Details