Revenue challenged Special Bench order in SKF India Ltd v. Dy.CIT (2025) 210 ITD 1 / 121 ITR 307 (SB) ( Mum)( Trib) holding that gains computed as short-term capital gains under section 50 on transfer of depreciable long-term capital assets would still be taxable at rate applicable to long-term capital gains under section 112 . Though Court held that writ petition was not barred merely because final regular Bench order dated 25-2-2025 was not separately challenged, it declined to entertain writ petition as challenge was essentially to legal interpretation by Tribunal, which could be effectively agitated in appeal under section 260A . Mere alleged error of law or interpretation does not amount to lack of jurisdiction or breach of natural justice so as to invoke extraordinary writ jurisdiction . Writ petition dismissed leaving merits of controversy open. (WP L.No. 31106 of 2025 dt. 16 -3 -2026 )
PCIT v. SKF India Ltd. (Bom.)(HC) www.itatonlinee.org .
S. 50 : Capital gains – Depreciable assets – Block of assets -Rate of tax – Rate of tax of would be in terms of section 112 at rate of 20 per cent- Writ petition against order of ITAT Special Bench , SKF India Ltd v. Dy.CIT (2025) 210 ITD 1 / 121 ITR 307 (SB) ( Mum)( Trib) – Alternative remedy – Interpretation of sections 50 and 112 – Writ petition dismissed leaving merits of controversy open. [ S. 2(11), 32 ,50, 112 , 260A , Art. 226 ]
Leave a Reply