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Income Tax

S.54E exemption available on gain on sale of depreciable Assets

Case Law Details

Case Name
M/s. Jai Hind Rubber Products Pvt.Ltd. Vs The ACIT, Cir 5(2) (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2007-08
Courts
ITAT Mumbai
Advertisement Exemption under section 54E of the Income-tax Act cannot be denied to the assessee on account of the fiction created in section 50. It is true that section 50 is enacted with the object of denying multiple benefits to the owners of depreciable assets. However, that restriction is limited to the computation of capital gains and not to the exemption provisions.In other words, where the long-term capital asset has availed of depreciation, then the capital gain has to be computed in the manner prescribed under section 50 and the capital gains tax will be charged as if such capital...
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