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Income Tax - Highlights / Catch Notes

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Capital gain - Denial of benefit of 1st proviso to section ...


Tax Benefit Denial Upheld for Capital Gains; ITAT Supports Lower Courts on Section 54B Deduction Dispute.

March 15, 2024

Case Laws     Income Tax     AT

Capital gain - Denial of benefit of 1st proviso to section 50C(1) which allows the consideration value fixed in the agreement to be considered instead of the stamp valuation for the computation of full value of consideration for transfer. - Proof of agreement prior to application of section 50C - The Tribunal noted that a part of the consideration must be received through specific banking channels before the agreement date. As the payment did not meet this requirement, the benefit of the first proviso was denied. - The ITAT also dismissed the contention regarding the denial of deduction under section 54B, upholding the lower authorities' decision.

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