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Case Law Details

Case Name : PCIT Vs Swetha Realmart LLP (Karnataka High Court)
Related Assessment Year :
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PCIT Vs Swetha Realmart LLP (Karnataka High Court) Mere nature as depreciable asset insufficient without actual Depreciation claim to apply sec 50- Karnataka High Court In this case, the dispute revolved around whether Sec 50 , which governs taxation on capital gains from the sale of depreciable assets, should be applied in the assessee’s case. BACKGROUND: Assessee sold a property comprising land & a constructed shed/building.  Dept argued that since the property included a depreciable asset (the building), any profit from the sale should be treated as short-term capital gain u/s 50...
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CA Vijayakumar Shetty qualified in 1994 and in practice since then. Founding partner of Shetty & Co. He is a graduate from St Aloysius College, Mangalore . View Full Profile

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One Comment

  1. cavkshetty says:

    The sentence in the decision:
    “It hardly needs to be stated that there need to be perennial claim for depreciation”

    The word “ NOT” appears to be missing in this sentence.

    Apparently the court intended to tell that

    “It hardly needs to be stated that there need NOT to be perennial claim for depreciation”

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