Assessee sold her 50 per cent share in an agriculture land along with other co-owners of 50 per cent for a sale consideration of Rs. 60 lakhs in 2009 and received Rs. 30 lakhs as his share. The sale deed was registered on 23-6-2010 value shown was at Rs. 1.56 crores and 50 per cent share of assessee amounted to Rs. 78.12 lakhs. The AO made addition for balance amount of Rs. 48.12 lakhs to assessee’s income. On appeal the Tribunal held that section 50C would not be applicable where property was sold otherwise than by registered sale deed, therefore, deemed sale consideration of Rs. 1.56 crore as per section 50C could not be invoked impugned addition made to assessee’s income by Assessing Officer was to be deleted. (AY. 2011-12)
Alka Jain. (Smt.) v. ACIT (2020) 80 ITR 464 / 185 ITD 224/ 207 TTJ 1013 (Delhi) (Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Sale deed not registered-50% sale in agricultural land-Addition cannot be made on the basis of deemed sale consideration [S. 45]