Om Prakash Agarwal. v. DCIT ( 2020) 194 DTR 199/ 207 TTJ 121 / (2021) 187 ITD 499 (Jaipur) (Trib.)

S. 50C : Capital gains – Full value of consideration – Stamp valuation – Sale consideration more than District level committee rate – Addition is held to be not justified .[ S.45 ] S. 50C : Capital gains – Full value of consideration – Stamp valuation – Sale consideration more than District level committee rate – Addition is held to be not justified .[ S.45 ]

During year the assessee and his co-owners sold agriculture land by executing registered sale deed .  In registered sale deed, description of land was agricultural land and at point of sale, land was not converted or developed .  Value of land as per District Level Committee (DLC) rate was 3.66 crores However, sale value declared by assessee was Rs. 4.92 crores . Stamp duty authority levied stamp duty by assessing value at rate of 150 per cent of value declared in sale deed . The Assessing Officer made by applying deeming provisions of section 50C, being difference of sale consideration and value assessed by stamp duty authority for levy of stamp duty  . On appeal the Tribunal held that   where the assessee having declared sale consideration more than DLC, there was no justification for making any addition under section 50C  of the Act . In case the   Assessing Officer did not agree with explanation of assessee with regard to consideration disclosed by him then he should have referred matter to DVO for valuation purpose. ( AY. 2015 -16 )