PCIT v. Durgapur Projects Ltd ( 2023) BCAJ- May – P. 47 ( Cal)( HC)

S. 50C : Capital gains – Full value of consideration – Stamp valuation – Compulsory acquisition of a capital asset – Land or building – [S. 2(47), National Highway Act , 1956 ]

Dismissing the appeal of the Revenue the Court held that in case of a transfer by way of compulsory acquisition , the capital asset being land or building or both vests upon the government by operation of the provisions of the relevant statute governing such acquisition proceedings and subject to the terms and conditions laid down in the said statute being followed . In case of compulsory acquisition the transfer of property takes place by operation of law and the provisions of the Transfer of Property Act  or the Indian Registration Act do not have any manner of application to such transfers . The question of stamp duty also does not arise in such cases . On the facts the property was acquired under the provisions of the National Highways Act , 1956 . The property vests by operation of the said statute and there is no requirement for payment of stamp duty in such vesting of property . As such there was no necessary for an assessment of the valuation of the property for stamp valuation of the property by the stamp valuation authority . Accordingly the provisions of section 50C of the Act cannot be applied . Order of Tribunal  was affirmed . (ITAT No. 282 of 2022 ( G.A .No. 2 of 2022 dt 24 -2 -2023) ( AY. 2015 -16 )