However, the Court of Justice has indicated that the provision specifies what is not dealt with in a capitalistic manner; It does not explicitly state that the sale of a franchise in which the seller has not retained a stake automatically benefits from a capital acquisition treatment. Other courts are reviewing the "components" of the contract to see if the rights listed are capital, as opposed to replacing future revenues. Counter-sale depending on the state of the sale: Rs NIL (as the consideration of sale is mentioned and is paid with the agreement for the sale) If you mentioned the price according to the sale of Rs 50 Lakhs, you will then have to pay a stamp duty on the amount indicated in The Agreement for Sale, since it is an income tax issue for the seller , it may challenge the value accepted by the ASA and assert that the value is more than the fmv under Section 50C before the Revenue Board, unless that value is already challenged before another authority or jurisdiction. In such cases, the income tax officer is required to make a reference to the valuation officer and the market value is determined by that manager. In order to determine the market value, the valuation officer must request, if necessary, documents from the subject and allow the subject to be heard and adopt a written decision indicating his assessment. Any value determined by the evaluation manager can also be questioned with higher authorities. In other words, the validity of an unregant agreement was not denied to provide proof of the benefit that such a contract was obtained. But to protect the property, the unregified contract could not be applied. The "transmission" within the meaning of Section 2(47) would be completed if the property is protected. Somewhere along the continuum between, on the one hand, the sale of a contract for the provision of services for a fee and, on the other hand, the sale of a complete transaction of which the contract is only a part of the acquired assets, there is an area in which a thorough examination of the facts and circumstances will be required to determine whether a portion of the profit made from the sale of such contracts can be considered a capital gain. It can`t 2 agreements one for buyers and one for sellers. The existence of two different agreements for the same transaction constitutes a violation of the law. If you take 50 lakes through the official channel and the agreement is signed for that amount, stamp duty should only be paid on that value, and the capital gain is also calculated on the amount mentioned, regardless of the government rate.
Given the basic design of Section 45 r.w.s. 2 (47) of the Act and Section 53A of the TPA, we are now focusing on paragraphs 43CA, 50C and 56 (2) (x) of the act and its impact on the sale and deed of sale agreement. We only analyzed section 50C in the article, because the other sections have a language similar to that used in the statue in section 50C of the law. [x] IRC 1222. A capital gain can also be realized by the sale of real estate used in a business or business ("Section 1231 property"). In general, this includes real estate used in a business or business, as well as depreciable real estate that is used in a commercial or commercial activity. CRI, par. 1231 (b).
Sale counterparty pursuant to the sale agreement: Rs 1.00.000 Section 43CA - 50C of the Act provides that the consideration accepted or assessed for the purposes of Section 48, if the consideration received from the transfer of a property is less than the value of the consideration accepted or assessed by an authority for the payment of stamp duty for that transfer. In other words, the total consideration under Section 48 must be replaced by the consideration for which the value of the property was accepted for the purpose of paying stamp duty.