Taxation
YAGNESH HASMUKH DAVE
(Querist) 18 June 2013
This query is : Resolved
RESIDENTIAL FLAT IS BOOKED WITH BUILDER IN MAY 2012 & FULL CONSIDERATION IS PAID EXCEPT STAMP DUTY OF REGISTRATION CHARGES FOR AGREEMENT. NOW THE AGREEMENT IS TO REGISTERED WITH REGISTRAR IN JUNE 2013 AS PER FULL CONSIDERATION PAID IN MAY 2012 BEING AGREEMENT VALUE OF FLAT WHETHER 43 C SECTION IS APPLICABLE EVEN THOUGH NO PAYMENT IS REQUIRED TO PAY TO THE BUILDER AS PER AGREEMENT VALUE EXCEPT STAMP DUTY AS PER MARKET VALUE OF THE FLAT
Anirudh
(Expert) 20 June 2013
Since you have already paid the consideration in May 2012 - what is to be seen is whether that agreed consideration on the date when the Agreement was entered into was in accordance with the applicable value for the purpose of stamp duty. If that is so, then that will prevail. Otherwise, not.
Please refer to Sec. 43C(3) and (4).
