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Income Tax

Applicability of Section 50C on Transfer of property through transfer of shares in company

Case Law Details

Case Name
ACIT Vs Santosh Kumar Garg (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2009-10
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ACIT Vs Santosh Kumar Garg (ITAT Delhi) ection 50C could be invoked only if the sale consideration received is less than the value adopted by Stamp Valuation Authority of the State Government for the purpose of payment of stamp duty. However, there is no evidence that any stamp duty has been paid towards transfer of the plot of land as held by the assessing officer and that the Stamp Valuation Authority adopted any particular value as sale consideration for payment of stamp duty in the present transaction. In fact, in this case there is a mere transfer of shares of a company and no stamp duty...
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