Income-tax Act, 2025 · Part D — Profits and gains of business or profession

Section 53Full value of consideration for transfer of assets other than capital assets in certain cases

Income-tax Act, 2025 (30 of 2025)

(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 consideration.

(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 consideration 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 provisions of section 78(2) and (3) shall apply.

This section refers to

§ 78 Special provision for full value of consideration in certain cases

Referenced by

§ 2(109)

§ 2(109)(g)

§ 207(5)

§ 208 Tax on income from units purchased in foreign currency or capital gains arising from their transfer.

§ 209 Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer.

§ 210 Tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer.

§ 225 Income from business of operating qualifying ships

§ 25 Interpretation

§ 25(d)

§ 27 Manner of computing profits and gains of business or profession

§ 55 Insurance business

§ 58(1)

§ 60(1)

§ 61(1)

§ Schedule XIV INSURANCE BUSINESS