§ 53
Chapter IV — Computation Of Total Income
Deemed Consideration for Non‑Capital Land/Building Transfers
Income-tax Act, 2025
When you sell land or a building that is not a capital asset for less than its stamp duty value, the tax authorities will treat the stamp duty value as the full sale price for profit calculation.
If the stamp duty value is no more than 110% of the actual consideration, the actual amount received is used instead.
If the agreement date and registration date differ, you may use the stamp duty value as of the agreement date, provided the payment (or part of it) was made through a bank or online before the agreement date.
📜 Official text of the section +
53. (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.
Plain-language summary — not the official text. Refer to the bare Act and confirm with a professional for your specific case.