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Different amount mentioned in sale agreement and sale deed


29-Jun-2023 (In Property Law)
One party has agreed to buy my house property for Rs.67 lakhs as per sale agreement. The sale agreement was duly attested by a Notary Public/Advocate. The party has paid the agreed amount of Rs.67 lakhs by cash within 2 months in different dates before documentation. But the party has registered the property only for Rs.18 lakhs to avoid stamp duty/registration charges. He refused to register for full amount. Based on the sale agreement I have remitted entire amount of Rs.67 lakhs into my accounts by cash in various banks. If IT dept ask sources of funds, what I have to do? Pl advise me.
Answers (3)

Answer #1
960 votes
It seems to be a imaginary question.
You should have checked the consideration value at the time of signing the sale deed. So, you are aware that remaining amount is black money. So, you knowingly received it as black money and deposited it in the bank. You are answerable to the Income Tax. You have to contact a good auditor for giving a suitable reply to the Income Tax Department and for preparing the statement of accounts.
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Answer #2
932 votes
You pretty well know that this is an illegal transaction, if so how do you think that you can manage to hide such a huge income to your account.
Though the transactions are made into different bank account, all the banks would be having your PAN details through which the income tax department can gather the details of money deposited into various bank account and may ask you to show cause why action should not be taken against you for evading to pay the tax for the income.
Even now you can disclose the income in your income tax return and pay the applicable taxes after claiming exemptions under long term capital gains or under the provisions of section 54F of income tax act or under section 54EC of the act.

Answer #3
813 votes
Your Property Value is Rs. 67,00,000/- (market Value) but guideline value (Govt Value) of the property may be different from Market value so your buyer is doing registration for Guide line value. For present financial ministry rule No Cash transaction is allowed beyond Rs.20,000/- (i.e., upto Rs.20,000/- cash transaction is allowed as per financial bill 2015) for I.T Dept purpose you need to show Rs.67 Lakhs as your sale price and you have pay Capital Gain tax for the Value of Rs.67 Lakhs.

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