The case pertains to the applicability of Section 43CA, which ...

Sale of flat: Stamp duty valuation date debate - Agreement vs Registration.

Case Laws     Income Tax

November 7, 2024

The case pertains to the applicability of Section 43CA, which deals with the adoption of stamp duty value as the full value of consideration for computing profits and gains from the transfer of immovable property. The assessee executed an agreement for sale of a flat on 30/04/2011, with earnest money paid on 26/04/2011. However, the agreement was registered in the subsequent assessment year. The Assessing Officer (AO) adopted the stamp duty value on the date of registration, leading to a higher value than the agreement value. The CIT(A) held that since there was only one registered sale agreement executed during the year under consideration, the stamp duty value as on the date of the agreement should be adopted as the deemed sale consideration. The ITAT upheld the CIT(A)'s order, directing the AO to compute profits and gains by considering the stamp duty value as on 30/04/2011, the date of the agreement for sale, in accordance with Section 43CA(3). The provisions of Section 43CA(4) were also satisfied since earnest money was paid before the agreement date.

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