Tag: deeming fiction u/s 50C
Disallowance u/s 50C can not be made by CPC by adjustment u/s 143(1) as it infringes statutory right of objection provided in section 50C – ITAT ABCAUS Case Law Citation:ABCAUS 3745 (2023) (05) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) …
Section 50C of not apply to transfer of leasehold right in plot of land – ITAT allowed appeal following High Court order ABCAUS Case Law CitationABCAUS 3429 (2020) (12) Important case law relied upon by the parties:CIT vs. Greenfield Hotels and Estates Pvt. Ltd 89 ITR 68Noida Cyber …
Addition u/s 56(2)(ii) deleted as Law cannot operate in vaccum de-horse ground realities though deeming section not requires any incriminating material ABCAUS Case Law Citation:ABCAUS 3270 (2020) (02) ITAT Section 56(2) of the Income Tax Act, 1961 (the Act) is a deeming provision which creates an artificial …
Section 50C can be applied after claiming exemption u/s 54EC of the Income Tax Act. Any other interpretation would render the provisions redundant – High Court ABCAUS Case Law Citation: ABCAUS 2836 (2019) (03) HC Important Case Laws Cited/relied upon by the parties CIT Vs. Amarchand N. Shroff, (1963) 48 ITR 59 (SC) CIT Vs. Vadilal Lallubhai (1972) 86 ITR 2 (SC) K.P. …
Market value of property with encroachment would always be lower – ITAT directs adoption of valuation u/s 50C prevalent on the date of agreement to sale ABCAUS Case Law Citation:ABCAUS 2699 (2019) (01) ITAT Important Case Laws Cited/relied upon:Dara Singh Vs. ITO Ward-1(2), Ghaziabad and ITA No.2213/Del/2018Sanjeev Lal …
Capital gain addition u/s 50C for unauthenticated cuttings in sale deed for amount of sale consideration remanded back for obtaining copy from the Registering authority ABCAUS Case Law Citation: ABCAUS 2655 (2018) (11) ITAT The instant appeal was filed by the assessee against the order of the Commissioner …
Section 50C not applicable to sale of property through Power of Attorney. Provisions at best could be invoked only in the hands of the original owner-ITAT ABCAUS Case Law Citation: ABCAUS 2426 (2018) 07 ITAT The instant appeal had been filed by the assessee against the order of …
Section 50C not apply to sale of right in property-ITAT deleted addition as what was sold was right in property not land or building ABCAUS Case Law Citation: ABCAUS 2398 (2018) 07 ITAT The appellant assessee had challeneged the order passed by the CIT(A) in upholding the addition …
Section 50C not applicable to cold storage building so to substitute actual sale consideration by deemed sale consideration and order of AO cannot be revised u/s 263 – ITAT ABCAUS Case Law Citation: ABCAUS 2232 (2018) (03) ITAT The assessee was aggrieved by the order passed under section …
Revision 263 for non application of section 50C. The order of the AO was held not only erroneous but also prejudicial to the interest of Revenue – ITAT ABCAUS Case Law Citation: ABCAUS 1250 (2017) (05) ITAT The Grievance: The appellant assessee was aggrieved by the order passed …