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Section 50C Applies to Leasehold Rights; But Stamp Value to Follow Agreement Date-ITAT Grants Major Relief

Case Law Details

Case Name
Mahendra Silk Mills Pvt. Ltd Vs ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2009-10
Advertisement Mahendra Silk Mills Pvt. Ltd Vs ITO (ITAT Mumbai) Section 50C Applies to Leasehold Rights; But Stamp Value to Follow Agreement Date-ITAT Grants Major Relief The core dispute was whether capital gains on transfer of leasehold land and building should be taxed in A.Y. 2009–10 using stamp duty value u/s 50C, and whether such provision applies to leasehold rights. The ITAT delivered a balanced but significant ruling: On applicability of Section 50C: The assessee argued that leasehold rights are outside 50C However, relying on the Bombay High Court ruling in Vidarbha Veneer Indu...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,940

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