Assessee entered into a registered Joint Development Agreement dated 1-3-2013, pursuant to which it had also entered into a MOU dated 8-4-2013 as per which assessee had paid a part of sale consideration on date of such MOU, guidance value had to be computed as prevailing on date of MOU dated 8-4-2013. The Assessing Officer computed the capital gains on the basis of date of registration of document. On appeal the Tribunal held that proviso to section 50C(1) deals with cases where date of agreement fixing amount for consideration and date of registration for transfer of capital asset are not same and in such cases, value adopted or assessed or assessable by stamp valuation authority as on date of agreement is to be taken for purposes of computing full value of consideration for such transfer. Followed CIT v. Vummudi Amarendran [2020] 429 ITR 9[2021] 277 Taxman 243 (Mad.)(HC). (AY. 2014-15)
Bellandur Chikkagurappa Jayaramareddy v. ACIT (2022) 193 ITD 757 / (2023) 223 TTJ 827(Bang.)(Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Guidance value to be taken on the agreement for sale and not on the date of Registration-Proviso to section 50C(1) inserted by Finance Act, 2016 is retrospective. [S. 45]