50C in The Income Tax Act, 1961
50C. [ Special provision for full value of consideration in certain cases. [Inserted by Act 20 of 2002, Section
capital gain tax as per the provisions of
section 45 r.w. section 50C of the Act ... Act and then compute 'Fair Market Value' under Section
48 of the Act and the relief under Section 54F of the Act
section 50C are fully applicable. We may
gainfully refer to his order in this regard as under:
Section 50C of the Act, is reproduced below ... section 23 A, sub-section (5) of section 24 , section 34AA, section 35 and section 37 of
the Wealth-tax Act
constructed on leasehold land owned by MIDC applying provisions of section
50C of the Act as against short term capital gains of Nil declared ... exemption under section 54EC of the Act. The Assessing Officer
noted that the assessee had nowhere disputed that the provisions of section 50C
section 23A, sub-section (5) of
section 24 , section 34AA, section 35 and section 37 of the Wealth-
tax Act, 1957 (27 of 1957), shall ... saved by the third proviso to sec. 50C .
a) Insertion of third proviso to section 50C by Finance Act, 2018
The Finance Act
duty was paid, then scheme of the Act prescribes a mechanism under
sub-section (2) of section 50C for making a reference ... considered view that the provisions of section
50C(2) & 50C(3) of the Act cannot be applied in the instant case.
Therefore, we direct
section (1) and sub-sections (6) and (7) of section
23A, sub-section (5) of section 24 , section 34AA, section 35 and
section ... section (1) and sub-sections (6) and (7) of section
23A, sub-section (5) of section 24 , section 34AA, section 35 and
section
sections (6) and (7) of section 23A, sub-section (5) of
section 24 , section 34AA, section 35 and section 37 of the
Wealth-tax Act ... section 54F of the Act
and section 45(1) of the Act along with computational
provisions of section 48 read with section 50C
value of consideration for the purpose of section 48 of the Act. Hence, the
provision of section 50C of the Act cannot be applied ... Act. It is a
settled legal position that section 45(3) and section 50C of the Act are not exclusive. The
appellant in support
Sec.50C of the Act is
therefore an exception to Sec.48 of the Act in certain
circumstances. Section 50C of the Act does ... 2019
Page 10 of 15
section. The Ld. A.R. submitted that the provisions of section
50C of the Act are applicable in the hands