Land was purchased in the name of the assessee and her husband. The assessee and co-owner gave development rights to the partnership firm in which she was a partner. The Assessing Officer applied Section 50C, determining a notional value based on jantri rates. Based on the submissions, ITAT held that, the land actually belonged to the partnership firm, with the assessee merely acting as a name-lender. Hence, no short-term capital gains were chargeable in the hands of the assessee because she acted only as a name-lender for the partnership firm. Applicability of S. 50C failed since it was not applicable as there was no actual transfer of land or building, but only a notional assignment of development rights.(AY. 2012 -13 )
Dy.CIT v. Minal Urmil Shah (2025) 233 TTJ 805/ 211 ITD 136 / (Ahd) ( Trib)
S. 50C : Capital gains – Full value of consideration – Valuation for the purposes of Stamp Duty –Development rights – Assessee holding the land title in her name only for technical purposes – development rights of the land transferred to the partnership firm where assessee was a partner –.Assignment of development rights provision is not applicable . [ S. 45 ]
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