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2022 (3) TMI 213 - AT - Income TaxCapital Gain Tax on sale of flats - CIT(A) directing the AO to re-compute the Capital Gain Tax on sale of flats at the rate applicable for long term capital gains i.e. 20% instead of 30% applicable to short term capital gains as the flats were held for more than 3 years - HELD THAT - Similar issue was considered and adjudicated by the Coordinate Bench in assessee s own case for the A.Y. 2013-14 2021 (1) TMI 74 - ITAT MUMBAI and decided the issue in favour of the assessee as held deeming fiction of section 50 is limited and cannot be extended beyond method of computation of the gain. That the distinction between short term and long term capital gain is not obliterated by this section. Hence, we respectfully follow the same and reject this submission of learned Departmental Representative - Also see V.S. DEMPO COMPANY LTD. 2016 (10) TMI 62 - SUPREME COURT . This additional ground is allowed.
Issues Involved:
1. Applicability of tax rate for capital gains on sale of depreciable assets. 2. Interpretation of Section 50 and its deeming fiction. 3. Applicability of Section 112 for tax rate purposes on capital gains from depreciable assets. 4. Relevance of previous judicial decisions in similar cases. Issue-wise Detailed Analysis: 1. Applicability of Tax Rate for Capital Gains on Sale of Depreciable Assets: The primary issue revolves around whether the capital gains from the sale of flats, which are depreciable assets, should be taxed at the rate applicable for long-term capital gains (20%) or short-term capital gains (30%). The Ld. CIT(A) directed the Assessing Officer (AO) to re-compute the capital gains tax at the rate applicable for long-term capital gains, arguing that the flats were held for more than three years. The Revenue contended that the income received from the transfer of assets forming part of a block of assets should be deemed as short-term capital gains under Section 50C and taxed at 30%. 2. Interpretation of Section 50 and Its Deeming Fiction: The Revenue argued that the Ld. CIT(A) erred in holding that Section 112 of the Act applies to capital gains from the transfer of depreciable assets, stating that the deeming fiction of Section 50 should apply, making the gains short-term and taxable at 30%. The Tribunal referred to previous decisions, including the case of CIT v. V.S. Dempo Company Ltd., which clarified that the fiction created under Section 50 is confined to the computation of capital gains and does not affect the classification of the gains as long-term or short-term for other purposes. 3. Applicability of Section 112 for Tax Rate Purposes on Capital Gains from Depreciable Assets: The Tribunal observed that similar issues were adjudicated in the assessee's favor in previous years. It was noted that Section 50's deeming fiction is limited to the method of computation and does not extend to the classification of the asset for tax rate purposes. The Tribunal cited the case of CIT v. ACE Builders Pvt. Ltd., where it was held that the fiction under Section 50 is restricted to Sections 48 and 49 and does not affect the exemption provisions under Section 54E. 4. Relevance of Previous Judicial Decisions in Similar Cases: The Tribunal relied on the consistency of judicial decisions, including those of the Hon'ble Bombay High Court and the Hon'ble Supreme Court, which supported the assessee's position. The Tribunal reiterated that the distinction between short-term and long-term capital gains is not obliterated by Section 50's deeming fiction. The decisions in CIT v. V.S. Dempo Company Ltd. and CIT v. M/s. Manali Investment were particularly influential in affirming that the deeming fiction of Section 50 should not extend beyond the computation method. Conclusion: The Tribunal dismissed the Revenue's appeal, upholding the Ld. CIT(A)'s decision to apply the long-term capital gains tax rate of 20% on the sale of depreciable assets held for more than three years. The Tribunal emphasized the limited scope of Section 50's deeming fiction, aligning with precedents that restrict the fiction to the computation method without altering the asset's classification for tax rate purposes. The Tribunal's decision was consistent with prior rulings in similar cases, ensuring judicial uniformity.
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