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A property dealer sells a flat held as stock-in-trade to an unrelated individual, who buys it as his residence, for ₹2.60 crore. The dealer's cost is ₹2 crore and the stamp duty value on the date of…

Question and options

A property dealer sells a flat held as stock-in-trade to an unrelated individual, who buys it as his residence, for ₹2.60 crore. The dealer's cost is ₹2 crore and the stamp duty value on the date of sale is ₹3 crore. No exception or alternative valuation applies. What are the income-tax consequences?

  1. ₹1 crore of short-term capital gain for the dealer and no income for the buyer

  2. ₹1 crore of business income for the dealer and no income for the buyer

  3. ₹1 crore of short-term capital gain for the dealer and ₹40 lakh of income from other sources for the buyer

  4. ₹1 crore of business income for the dealer and ₹40 lakh of income from other sources for the buyer

Answer and explanation

Correct answer: D - ₹1 crore of business income for the dealer and ₹40 lakh of income from other sources for the buyer

Under section 53 of the Income-tax Act, 2025 the stamp duty value of land or building held otherwise than as a capital asset is the full value of consideration unless it is within 110% of the price; ₹3 crore exceeds ₹2.86 crore, so the dealer has ₹1 crore of business income, not capital gain. For the buyer, section 92(2)(m) taxes the ₹40 lakh excess of stamp duty value over price as income from other sources because it exceeds the higher of ₹50,000 and 10% of the price.

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