Alka Jain (Smt.) v. ACIT (2020) 80 ITR 464 ( Delhi) (Trib)

S. 50C : Capital gains – Full value of consideration – Stamp valuation – Assessable – With effect from 1-10-2009 prospective in nature- Deemed sale consideration of Rs. 1.56 crores could not be invoked. [ S.45 , 48 ]

Tribunal held that the word “assessable” was inserted in section 50C of the Income-tax Act, 1961 with effect from October 1, 2009. Thus, prior to October 1, 2009, section 50C was applicable to sale of properties by way of registered deed where the stamp value was assessed by the registration authorities and was not applicable where the properties were sold otherwise than by registered sale deed. The insertion of the word “assessable” by the Finance Act, 2009 with effect from October 1, 2009 was prospective in nature. In both the situations whether the agreement to sell was genuine or not, deemed sale consideration of Rs. 1.56 crores could not be invoked. . Similarly the Assessing Officer had not brought on record any adverse evidence regarding cost of the acquisition. The contention of the Assessing Officer that the transaction was not genuine was not based on any evidence brought on record. The addition had been sustained without any documentary evidence on record, and was liable to be set aside.( AY.2010-11)