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Circle rate higher then market rate of old flat


lexbery (d)     12 January 2021

lexbery
d 
 2 likes  214 points

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Dear All,

A client has a old flat bought in 1988 and is selling it now for 50 Lacs, but the circle rate is showing the value of the flat as 75 Lac.

how to proceed with the sale of the said flat without income tax questioning the transaction, as i understand only 5% difference between circle rate and sale price is allowed?

subham tekariwal

subham tekariwal (nil)     12 January 2021

subham tekariwal
nil 
 24 points

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I think it has been increased to 10%. Further if the circle value is inflated, we can proceed with the actual receipt and challenge the valuation later in if scrutiny falls

ayusmita

ayusmita (Tax consultant)     12 January 2021

ayusmita
Tax consultant 
 345 likes  5101 points

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Yes as per the new rule circles rate and sale rate different will be 5% then allowable
if not then capital gain calculation will be done taking circular rate not as per sold rate
and The buyer has to pay stamp duty on registration value which cannot be lower buyers the circle rate besides that buyer also pay tax on the difference of amount that is circle rate minus market rate under section 56(2) of income tax act as it considers as a profile to a buyer profit
as per the budget of 2018

Kapadia Pravin

Kapadia Pravin   12 January 2021

Kapadia Pravin

 956 likes  14874 points

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Circle rate will prevail and tax calculated accordingly for buyer and seller. This year I think from a buffer rate of 5% , it is 10% in view of Covid.


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