fact, to bring clarity on this issue, a new section 43CA was inserted
in the Statute w.e.f. 1.4.2014, which would cover sale ... prospective in nature, for the period under consideration, the provisions of
section 43CA cannot be applied and there is no other provision
inserted
by Finance Act, 2013 w.e.f. 01.04.2014. Section 43CA provides that where the
date of agreement fixing the value of consideration for transfer ... property.
(iv) It was also submitted that consideration the anomaly in section 43CA
vis a vis section 53C, a proviso is inserted to section
want to accentuate that the Finance Act, 2013 has inserted
section 43CA with effect from 01.04.2014 which is again a special provision for
full value ... section (1). On a circumspection of sub-section (1) of section 43CA , it
becomes manifest that the provisions for substituting stamp value for the actual
thereafter S.43CA being
inserted in the Act w.e.f. 1-4-2014 to provide for
reference to DVO for valuation of property
constituting ... being stock in trade. The
amendment by way of insertion of S.43CA is effective
1.4.2014, and such provisions are pari materia with
also pleaded that provisions of Section 43CA of the Income Tax
Act 1961 which is directly applicable to the facts of the assessee ... Varghese and also not considered the
provisions of Section 43CA which was applicable only from A.Y. 2014-15,
whereas assessment year under consideration
Devi
Sagar, Krishi Farm, Vinayika, Jodhpur. (Driver of Scorpio No. RJ
43CA 0007)
2. Chatur Singh S/o Shri Sultan Singh, Resident of Village Palina ... Tehsil Phalodi District Jodhpur. (Owner of Scorpio No. Rj 43CA
0007)
3. The Oriental Insurance Company, Residency Road Jodhpur.
(Insurere of Scorpio No. RJ 43CA
such agreement.
A later similar provision inserted by way of section 43CA does take care of such a
situation.
ITA No. 3353/Ahd/2014
Amitkumar ... consideration is fixed in such agreement, whereas
similar provision exists in section 43CA of the Act i.e. when an immovable property is
sold
such agreement. A later similar provision inserted by way of
section 43CA does take care of such a situation.
6.2 It is therefore proposed ... consideration is fixed in such agreement, whereas similar provision exists in
section 43CA of the Act i.e. when an immovable property is sold
provided u/s 50C of IT Act is not
applicable. Section 43CA providing adoption of DLC value in case business
transactions has been enacted
such agreement. A
later similar provision inserted by way of section 43CA does take care of such a
situation.
6.2 It is therefore proposed ... consideration is fixed in such agreement, whereas similar provision exists
in section 43CA of the Act i.e. when an immovable property is sold