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Case Law Details

Case Name : M/s. Jai Hind Rubber Products Pvt.Ltd. Vs The ACIT, Cir 5(2) (ITAT Mumbai)
Related Assessment Year : 2007-08
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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 gain has arisen ...
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