Taxability of Real Estate transactions
Taxability of Real Estate transactions
Taxability of Real Estate transactions
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Understatement <strong>of</strong><br />
consideration<br />
• Section 52(2):<br />
FMV <strong>of</strong> the asset transferred exceeds the stated<br />
consideration by 15% than FMV be taken as the full<br />
value <strong>of</strong> consideration for the transfer.<br />
• K.P. Verghese V. ITO.(1981) 131 ITR 597 (SC)<br />
Onus on the revenue to show that the FMV <strong>of</strong> the<br />
asset exceeds the stated consideration but also<br />
that the consideration had been understated and<br />
the assessee had actually received more than what<br />
was declared by him.<br />
• Section 52 deleted from the statute by The Finance<br />
Act,1987