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Exemption U/s. 54EC on sale of depreciable assets held for more than 36 months
Case Law Details
- Case Name
- Deputy Commissioner of Income-tax Vs Himalaya Machinery (P.) Ltd. (Gujarat High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Gujarat High Court
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Exemption U/s. 54EC available on STCG calculated u/s. 50 on sale of depreciable assets held for more than 36 months
Section 54E does not make any distinction between depreciable asset and non-depreciable asset and, therefore, the exemption available to the depreciable asset under Section 54E can not be denied by referring to the fiction created u/s.50. Section54E specifically provides that where capital gain arising on transfer of a long term capital asset is invested or deposited (whole or any part of the net consideration) in the specified asset, the assessee shall not be ch...




