Homebuyer paid Rs 91 lakh upfront for a Rs 1.24 crore property, but circle value rose to Rs 1.46 crore by registration; why ITAT Kolkata gave her tax relief and deleted Rs 11.35 lakh addition – FinSiddhi

Homebuyer paid Rs 91 lakh upfront for a Rs 1.24 crore property, but circle value rose to Rs 1.46 crore by registration; why ITAT Kolkata gave her tax relief and deleted Rs 11.35 lakh addition

Under Section 56(2)(x), there is applicable taxation of such a difference in the buyer’s hands if the stamp duty value of the property is higher than the purchase consideration by more than the greater of Rs 50,000 or 10% of the consideration. Here, the difference of approximately Rs 22.71 lakh exceeded 10% of the agreed purchase price of Rs 1.23 crore.
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