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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)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10
- Courts
- All ITAT, ITAT Mumbai
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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...





