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 crore of short-term capital gain for the dealer and no income for the buyer
₹1 crore of business income for the dealer and no income for the buyer
₹1 crore of short-term capital gain for the dealer and ₹40 lakh of income from other sources for the buyer
₹1 crore of business income for the dealer and ₹40 lakh of income from other sources for the buyer
Answer and explanation
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.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CLAT PG
Subject revision for a passage-based exam
-
AILET PG
Subject revision
Related exam syllabi
More solved explanations in Income tax - basic concepts, residence & heads of income
- For a company that has not opted for a concessional regime, on what base is minimum alternate tax computed under section 206 of the Income-tax Act, 2025?
- Income from cultivation of land in Pakistan accrues and is first received in Pakistan. Assume no connection with a business controlled or profession set up in…
- Adam Smith has enumerated canons of taxation which are accepted universally
- A company deducts ₹800 lakh of income-tax in computing accounting profit, including ₹40 lakh of surcharge and ₹8 lakh of health and education cess. How much must…
- In case of amalgamation