3 weeks ago

ITAT Chennai grants Section 50C relief despite unregistered sale pact

ITAT Chennai grants Section 50C relief despite unregistered sale pact
Income Tax Section 50C: Sold property for ₹94 lakh despite ₹1.93 crore stamp value; ITAT Chennai grants tax relief · livemint.com

A man in Chennai agreed to sell a property for ₹94 lakh back in 2013.

The government sets an official value for properties, used for stamp duty, and that value rose to ₹1.93 crore by the time the sale was officially registered.

Because the official value was much higher than the agreed price, the tax office wanted him to pay tax as if he had sold the property for the higher value.

The tax office added about ₹99 lakh to his taxable income.

The man argued that the price was fixed in 2013 and that he had already received most of the money through bank transfers.

The tax office said he could not use the old price because his agreement paper was never registered.

A special tax court called the Income Tax Appellate Tribunal, or ITAT, in Chennai looked at the case.

The court decided that the man could use the earlier agreed price because the deal was made and paid for through banking channels before registration.

It also said that just because the agreement was not registered, the taxpayer should not lose his right to relief.

Key facts

Taxpayer
Aroumougam Pragalanadane
Sale consideration
₹94 lakh
Stamp-duty value at registration
₹1.93 crore
Tax addition set aside
₹99.06 lakh
Agreement to sell date
11 July 2013
Amount received on agreement date (RTGS)
₹48.50 lakh
Balance paid via banking channels
₹45 lakh
Sale deed registration date
7 March 2017

Sources

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