• Land Sale Income tax

I have a land parcel which I bought for 3 lakhs in 2010, unfortunately we were duped and there is a crematorium right next to the land hence the land price today is only 8 lakhs. The ready reckoner rate as per the government is 19 lakhs. I have a buyer which is ready to pay to 8 lakhs but draft sale deed is 19 lakhs. Wanted to understand the tax liability on me and what's the advice to help me ? would rather like to show loss.
Asked 3 days ago in Income Tax

- Before sale of the property, obtain a valuation report from the government approved registered valuer in respect to the FMV (i.e. Fair Market value) of the property. The valuation report should contain detailed reasons in arriving at the FMV of the property

- Under Income tax, sale consideration will be Rs.8 lacs. As stamp duty would be payable on stamp duty value i.e. Rs.19 lacs, adopting FMV under income tax may attract litigation

- You can also challenge stamp duty value of Rs.19 lacs adopted by the state authority for payment of stamp duty

 

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Vivek Kumar Arora
CA, Delhi
5056 Answers
1190 Consultations

Your situation involves Section 50C which will deem your sale consideration as ₹19 lakhs (ready reckoner rate) even though actual sale is ₹8 lakhs. 

Tax Calculation


Capital Gains Computation:

  • Deemed Sale Consideration: ₹19,00,000 (as per Section 50C)​

  • Purchase Cost (2010): ₹3,00,000

  • Indexed Cost of Acquisition: ₹3,00,000 × (363/167) = ₹6,51,497​

Since land purchased in 2010, you can opt for 20% with indexation vs 12.5% without indexation.

 

 

Shubham Goyal
CA, Delhi
522 Answers
19 Consultations

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