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Dear Sir, Stamp duty value means any value adopted by any authority of the Central Government or a State Government for the purpose of payment of stamp duty for the immovable property. As per Section 80EEA stamp duty value of the house property should not exceed 45 lakhs. In an instant case the Flat along with the proportionate share in the land has been sold at a price higher than the value adopted by the State Government (higher than the circle rates). The Land Value is 3 Lacs and Flat Value is 43 Lacs and total consideration is 46 Lacs as per the Circle Rates. Can we say that Stamp Duty of the House Property is not exceeding 45 Lacs for the purposes of availing benifits under section 80EEA since the circle rate of Flat excluding the Land is lower than 45 lacs.

Dear Sir, Stamp duty value means any value adopted by any authority of the Central Government or a State Government for the purpose of payment of stamp duty for the immovable property. As per Section 80EEA stamp duty value of the house property should not exceed 45 lakhs. In an instant case the Flat along with the proportionate share in the land has been sold at a price higher than the value adopted by the State Government (higher than the circle rates). The Land Value is 3 Lacs and Flat Value is 43 Lacs and total consideration is 46 Lacs as per the Circle Rates. Can we say that Stamp Duty of the House Property is not exceeding 45 Lacs for the purposes of availing benifits under section 80EEA since the circle rate of Flat excluding the Land is lower than 45 lacs.

Reply: Circle rate will be including the proportionate share in land. Therefore, in this case the stamp duty value will be 46 lakhs.

Posted Date: Apr 17, 2021
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