Section 53 — Full value of consideration for transfer of assets other than capital assets in certain cases
Old Act equivalent: Section 43CA of IT Act 1961 Sub-part: D.—Profits and gains of business or profession
Statutory Text
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(1) In case of transfer of an asset (other than a capital asset), being land or
building or both, if the consideration received or accrued from such transfer is less than the stamp duty value, then such stamp duty value for computing profits and gains from transfer of such asset shall be deemed to be the full value of con sideration. (2) The provisions of sub-section (1) shall not apply if the stamp duty value does not exceed 110% of the consideration received or accrued and in such a case, the con sideration received or accrued shall be deemed to be the full value of consideration. (3) If the date of agreement fixing the value of consideration for transfer of asset and date of registration for transfer of such asset are different, then the stamp duty value as on date of agreement may be taken to be the full value of consideration under sub-section (1).
(4) The provisions of sub-section (3) shall apply only in a case where the amount of consideration or a part thereof has been received by specified banking or online mode on or before the date of agreement for transfer of such asset. (5) For the determination of the stamp duty value under sub-section (1), the provi sions of section 78(2) and (3)shall apply. Business of prospecting for mineral oils.
Sub-sections
Sub-section (1)
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(1) In case of transfer of an asset (other than a capital asset), being land or
building or both, if the consideration received or accrued from such transfer is less than the stamp duty value, then such stamp duty value for computing profits and gains from transfer of such asset shall be deemed to be the full value of con sideration.
Sub-section (2)
(2) The provisions of sub-section (1) shall not apply if the stamp duty value does not exceed 110% of the consideration received or accrued and in such a case, the con sideration received or accrued shall be deemed to be the full value of consideration.
Sub-section (3)
(3) If the date of agreement fixing the value of consideration for transfer of asset and date of registration for transfer of such asset are different, then the stamp duty value as on date of agreement may be taken to be the full value of consideration under sub-section (1).
Sub-section (4)
(4) The provisions of sub-section (3) shall apply only in a case where the amount of consideration or a part thereof has been received by specified banking or online mode on or before the date of agreement for transfer of such asset.
Sub-section (5)
(5) For the determination of the stamp duty value under sub-section (1), the provi sions of section 78(2) and (3)shall apply. Business of prospecting for mineral oils.
Provisos
None.
Explanations
None.
Tables
None.
Key Structure
- Applies to: Assessees transferring non-capital assets (land, building, or both).
- Scope: Stamp duty value deemed as full value of consideration if consideration declared is less.
- Tolerance: Variation up to prescribed percentage of stamp duty value allowed.
- Key rule: Similar to section 78 for capital assets.
Cross-References
Amendment Notes
None noted from the extracted pages.