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TMI Blog2020 (7) TMI 623X X X X Extracts X X X X X X X X Extracts X X X X ..... computing Capital Gain under the provisions of the Act. To avoid genuine hardships to the assessee, the provisions of Section 50C(2) provided for referring the matter to the Valuation officer of the Revenue to determine the actual market value of the immovable property sold by considering all the relevant factors which may not have been considered by the State Valuation Authority. In the case of the assessee, the value of the property is already determined by the State Government which is nothing but the amount of ₹ 46,22,878/- coupled with certain TDS rights. No compensation is paid by way of cash for acquisition of the land in the case of both the assessee. It is apparent that the assessee have not actually transferred their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... common order. 2. Both the assessees have raised several identical grounds in their respective appeals however, the crux of the issue is that the Ld CIT (A) has erred in confirming the order of the Ld. AO who had unduly invoked the provisions of Section 50C of the Act. 3. The brief facts of the case are that the HUF of Justice B. Subhashan Reddy, and Smt. B. Ratna (Individual) filed their respective return of income on 31/7/2007 disclosing taxable income of ₹ 30,68,930/- and ₹ 29,72,240/- respectively. Both the cases of the assessees were reopened as it was observed that there is escapement of income since the SRO value of the property sold jointly by them was higher than the actual sale consideration received by both the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vi) The compensation proposed for the acquisition was only the benefit of reconstruction of compound wall, sump, borewell or any other structures other than the main building, structural compensation for the building as specified and TDR certificate as per Government GO so as to enable the assessees to utilise FAR of affected area on any other site within the limits of Municipal Corporation of Hyderabad. (vii) Other than the aforesaid compensation, no other benefit was available to the assessee on the surrender of 291.83 sq.yds of land along with building. Thus, no compensation was paid for the acquisition of the land. (viii) The balance land available to the assessee was 109.17 sq. yds which is waste land as it could not be utilised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I do not find any merit in the orders of both the Ld. Revenue Authorities. It is pertinent to mention that the provisions of section 50C was introduced to curb the menace of unaccounted cash being infused in the real estate transactions. Quite often the actual sale consideration paid for acquiring immovable property is more than the sale consideration disclosed in the sale deed executed. In order to overcome the escapement of Capital Gain Tax on such transactions, Section 50C was introduced in the Statute, so as to at least adopt the market value of the State Revenue Authority as the sale consideration for the purpose of computing Capital Gain under the provisions of the Act. Further, to avoid genuine hardships to the assessee, the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be invoked in the hands of both these assessees. Hence, I hereby set aside the order of the Ld. CIT (A) and direct the Ld. AO to delete the addition made invoking the provisions of section 50C of the Act in the case of both the assessees. 9. Before parting, it is worthwhile to mention that this order is pronounced after 90 days of hearing the appeal, which is though against the usual norms, I find it appropriate, taking into consideration of the extra-ordinary situation in the light of the lock-down due to Covid-19 pandemic. While doing so, I have relied on the decision of the Mumbai Bench of the Tribunal in the case of DCIT Vs. JSW Ltd., in ITA Nos.6264/M/2018 and 6103/M/2018 for AY.2013-14, order dated 14th May, 2020. 10. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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