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Section 50C cannot be avoided merely for sufficiency of exemption u/s 54EC
Case Law Details
- Case Name
- Jagdish C. Dhabalia Vs ITO (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2008-2009
- Courts
- All High Courts, Bombay High Court
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Jagdish C. Dhabalia Vs ITO (Bombay High Court)
Conclusion: Once deeming fiction contained u/s 50C is adopted, consequently, the capital gain and the exemption u/s 54EC would be worked out based on the deemed sale consideration.
Facts –
Assessee received INR 25 Lakhs as sale consideration on transfer of plot vide sale deed dated 29.09.2007 and invested the amount in bond specified under 54EC. In return, assessee declared LTCG of INR 21,19,344 and claimed full exemption u/s 54EC.
Stamp duty authority valued land at INR 3,04,70,810 and assessee’s 25% share comes to INR 76,17,702. Accordingly ...
