ACIT v. Thomson Press (India) Ltd. (Delhi) 202 ITD 149 (Delhi)(Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Date of agreement to sell-Date of registration-Amendment by way of Finance Act, 2016 effective from 01.04.2017-insertion of proviso to S. 50C(1) is clarificatory in nature-Applicable on pending matters-Sale value lesser than stamp duty valuation-addition made by the AO is deleted. [S. 45]

The issue before the ITAT was whether the stamp duty valuation has to be taken on the date of agreement to sell or on the date of sale deed, since both the dates are falling within the same FY. It was not disputed that the stamp duty was actually paid on the date of agreement to sell as per the circle rate prevailing at that point of time. The ITAT followed the decision given in the case of Amit Bansal vs. ACIT (2018) 100 taxmann.com 334/ 174 ITD 349  wherein it was held that the amendment to S. 50C, by way of insertion of proviso to S. 50C(1), is clarificatory in nature and can be applied on pending matters and where the date of the agreement fixing the amount of consideration and the date of registration regarding the transfer of the capital asset in question are not the same, the value adopted or assessed or assessable by the stamp valuation authority on the date of the agreement is to be taken for the purpose of full value of consideration. Accordingly, Revenue’s appeal was dismissed. (AY. 2014-15)