2017 (7) TMI 1210 - AT - Income Tax

Computation of capital gains - valuation of capital assets u/s 50C - transfer of lease holding rights - assessee stated that this is only a lease rights transfer in the property and it cannot be said the ownership who transfer the land. - Held that - In view of the above facts and circumstances and the decision of the Hon ble Bombay High Court 2016 (7) TMI 1393 - BOMBAY HIGH COURT , respectfully following the same I allow the appeal of assessee. - Decided in favor of assessee.

Summary

Issues Involved:
Interpretation of section 50C of the Income Tax Act regarding transfer of leasehold rights as a transfer of capital asset.

Detailed Analysis:

1. Issue: Interpretation of section 50C of the Income Tax Act regarding transfer of leasehold rights as a transfer of capital asset.

- The appeal arose from the order of CIT(A) regarding the application of section 50C of the Act to the transfer of leasehold rights. The assessee contested the CIT(A)'s decision, arguing that the transfer was not of a capital asset but of leasehold rights.

- The facts revealed that the AO re-computed the short term capital gain based on stamp valuation authorities' assessment of the leasehold rights' value. The matter was previously sent back to the AO by the Tribunal to determine the applicability of section 50C.

- The CIT(A) analyzed the lease agreement and deed of assignment, noting that the transfer was of the lease of the property, not just the leasehold rights. The Maharashtra Industrial Development Corporation's consent confirmed the transfer of the lease.

- The assessee further argued before the Tribunal that the transfer was only of lease rights, not ownership of the land. Citing a previous High Court decision, the assessee contended that section 50C did not apply to the transfer of leasehold rights.

- The Tribunal referred to the High Court's decision in a similar case, where it was held that section 50C applied only to the transfer of land or building, not leasehold rights. The Tribunal decided in favor of the assessee based on this precedent.

- The Tribunal's decision was supported by the High Court's interpretation of section 50C, which clarified that the provision applied to the transfer of land or building, not leasehold rights. The Tribunal upheld the assessee's appeal based on this legal interpretation.

Conclusion:
The Tribunal ruled in favor of the assessee, holding that the transfer of leasehold rights did not attract the provisions of section 50C of the Income Tax Act. The decision was based on the interpretation that section 50C applied only to the transfer of land or building, not leasehold rights.