The asseeee declared capital gains of Rs 21 19 344 and claimed exemption u/s 54EC of the Act. .The stamp authorises valued the share of the appellant at Rs . 76, 17 702 .AO determined the capital gains at Rs 49, 47, 344 . The Assessee contended that entire sale consideration of Rs 25 lakhs was invested in specified bonds and deeming provision of S.50C is not applicable .CIT (A) allowed the appeal . Tribunal affirmed the view of the AO . On appeal the High Court held that, the assessee cannot avoid the impact of S. 50C by claiming that his S. 54EC investment is large enough to cover the deemed consideration based on stamp duty valuation. Such interpretation renders S. 50C redundant . Order of Tribunal is affirmed . ( AY.2008 -09) ( ITA No. 981 of 2016, dt. 12.03.2019)
Jagdish C. Dhabalia v. ITO ( 2019) 176 DTR 417/ 308 CTR 295/ 262 Taxman 453 (Bom)(HC), www.itatonline.org Mehul Jagdish Dhabala v. ITO( 2019) 176 DTR 417/ 308 CTR 295 ( Bom) (HC) . www.itatonline.org
S. 50C : Capital gains-Full value of consideration- Stamp valuation –Entire consideration was invested in bonds -The assessee cannot avoid the impact of S. 50C by claiming that his S. 54EC investment is large enough to cover the deemed consideration based on stamp duty valuation- Such interpretation renders S. 50C redundant -[ S.45,48. 54EC ]