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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

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