ITAT Pune Remands ₹75.33 Lakh Addition: Stamp Duty vs Ready Reckoner Value Confusion in Property Sale
Tribunal says AO wrongly compared stamp duty and ready reckoner values, directs fresh examination
Section 54F exemption claim restored for re-evaluation; joint purchase with spouse not a bar
By Our Legal Correspondent
New Delhi: December 03, 3035:
In a significant ruling, the Income Tax Appellate Tribunal (ITAT), Pune Bench, has remanded a case involving a ₹75.33 lakh addition made by the Assessing Officer (AO) due to confusion between stamp duty value and ready reckoner (RR) value. The tribunal held that the AO had wrongly compared incomparable figures, leading to an unjustified addition.
Also Read: Supreme Court: Selection Criteria Cannot Be Changed After Interview, Upholds Fairness in Recruitment
The case also involved a claim under Section 54F of the Income Tax Act, where the assessee had invested the entire sale proceeds of two plots into a new residential property purchased jointly with his wife. The ITAT clarified that joint purchase is not a bar to claiming exemption under Section 54F.
Background of the Case
- The assessee sold two small plots during Assessment Year (AY) 2020‑21.
- He invested the entire sale consideration of ₹1.55 crore in a new residential property purchased jointly with his wife.
- He claimed exemption under Section 54F, which allows capital gains exemption if sale proceeds are invested in a residential property.
- The AO completed the assessment ex-parte under Section 144 read with Section 144B, comparing the ready reckoner value of ₹84.63 lakh with the stamp duty paid of ₹9.30 lakh, and treated the difference of ₹75.33 lakh as misreported income.
Also Read: Supreme Court Orders CBI Probe into Digital Arrest Scams, Directs States to Cooperate
Tribunal’s Observations
The ITAT found several flaws in the AO’s approach:
- Wrong comparison: The AO compared stamp duty paid with ready reckoner value, which are not comparable.
- Ex-parte assessment: The AO passed the order without proper representation from the assessee.
- Section 54F claim ignored: The AO failed to consider that the assessee had invested the entire sale proceeds in a residential property.
- Joint purchase issue: The tribunal clarified that buying property jointly with a spouse does not disqualify exemption under Section 54F.
The ITAT therefore remanded the matter back to the AO for fresh examination.
Importance of Section 54F
Section 54F provides relief to taxpayers who sell property and reinvest in a residential house. Key points:
- Entire net consideration must be invested in a residential property.
- Property can be purchased jointly, if investment is made from the assessee’s funds.
- Exemption is denied only if the assessee owns more than one residential property at the time of sale.
This case reinforces that joint ownership with spouse does not bar exemption.
Stamp Duty vs Ready Reckoner Value
The confusion in this case arose because:
- Stamp duty value is the amount paid to register the property.
- Ready reckoner value is the government-notified market value used for calculating stamp duty.
- Comparing the two directly is incorrect, as they serve different purposes.
Also Read: Supreme Court: Parity Alone Not Enough for Bail, Role in Crime Must Be Considered
The ITAT clarified that only stamp duty value under Section 50C can be used for capital gains computation, not ready reckoner value.
Implications of the Ruling
- For taxpayers: Ensures fair treatment when claiming Section 54F exemption.
- For tax authorities: Reinforces that assessments must be based on correct legal provisions.
- For property transactions: Clarifies distinction between stamp duty and ready reckoner values.
Expert Opinions
Tax professionals welcomed the ruling. “The ITAT has rightly pointed out that stamp duty and ready reckoner values cannot be compared. This will prevent arbitrary additions in property sale cases,” said a chartered accountant.
Another expert added, “Joint purchase with spouse is common in India. Denying Section 54F exemption on this ground would have been unfair.”
Similar Cases
- ITAT Mumbai (2023): Held that Section 54F exemption is valid even if property is purchased jointly.
- Delhi High Court (2021): Clarified that stamp duty value under Section 50C must be used, not ready reckoner value.
- ITAT Bangalore (2024): Deleted additions where AO wrongly compared guideline value with stamp duty.
These precedents strengthen the ITAT Pune ruling.
Practical Guidance for Taxpayers
Taxpayers selling property should:
- Maintain clear documentation of sale deeds and stamp duty payments.
- Ensure investments in residential property are properly recorded.
- Claim Section 54F exemption even in joint purchases, with proof of contribution.
- Challenge arbitrary additions based on wrong comparisons.
Conclusion
The ITAT Pune ruling is a landmark in clarifying stamp duty vs ready reckoner confusion. By remanding the ₹75.33 lakh addition and restoring the Section 54F claim, the tribunal has ensured fairness in property taxation.
This decision protects taxpayers from arbitrary assessments and reinforces the principle that joint purchase with spouse is not a bar to exemption. It also highlights the need for tax authorities to apply correct legal provisions when dealing with property transactions.
Keywords for Faster Searches (Google + ChatGPT)
- ITAT Pune stamp duty ready reckoner confusion
- ₹75.33 lakh addition property sale case
- Section 54F exemption joint purchase spouse
- Stamp duty vs ready reckoner value India
- ITAT ruling property taxation AY 2020‑21
- Income Tax Act Section 50C vs Section 54F
- Property sale capital gains exemption India
- ITAT remand stamp duty value confusion
- Joint ownership Section 54F exemption India
- Taxguru ITAT Pune property case
Also Read: CESTAT Rules 999-Year Lease Is Permanent Transfer, No Service Tax on One-Time Premium