Section 50C of the Act does not operate to change year of transfer

Ayi Vaman Narasimha Acharya Vs DCIT (ITAT Bangalore)

Under section 45(1) of the Act, the charge on capital gain is in the year of transfer. Section 45(1) of the Act clearly lays down that any gain arising on the transfer of the capital asset effected in the previous year shall be chargeable to income tax under the head “capital gain” and shall be deemed to be the income of the previous year in which the transfer took place. Section 2(47) of the Act defines transfer which includes a sale. The transfer in the present case is “sale” and since sale

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