Section 50C Does Not Apply To Lease Rights

Atul G. Puranik Vs. ITO (ITAT Mumbai)- Section 50C applies only to a  capital asst, being land or building or both, it cannot be made applicable to lease rights in a land. As the assessee transferred lease right for sixty years in the Plot and not land itself, the provisions of sec.50C cannot be  invoked. A distinction has been drawn between ‘land or building’ on one hand and ‘or any rights in land or building’ on the other. Considering the fact that we are dealing with special provision for full value of consideration

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