Girdharlal Brothers. v. Addl. CIT (2024) 209 ITD 285 (Mum.)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Transfer of tenancy rights-Permanent alternate accommodation-Provisions of section 50C would not apply in case of transfer of tenancy rights. [S. 45(1)]

Assessee was a tenant of a property. Assessee agreed to surrender his tenancy rights in lieu of allotment of a permanent alternate accommodation. Assessee was allotted only a part of area and on such deed of transfer, stamp duty was paid. Assessing Officer considered assessee as transferor of capital asset and added certain amount to income of assessee. CIT(A) affirmed the order of the AO. On appeal the Tribunal  held that  provisions of section 50C would not apply in case of transfer of tenancy rights. Addition is directed to be deleted. Followed  CIT v. Abdul Aziz Kadar ITA No. 1821 of 2013 dt. 20-8-21, (Bom)(HC), CIT v. CIT v. Mrs. Shirinbai P. Pundole (1981) 129 ITR 448 (Bom)(HC).  (AY. 2018-19)