Question And Answer
Subject: 55A vs 50D
Querist: BKS
Answered by:
Tags: , , ,
Date: June 20, 2023
Query asked by BKS

which prevails?

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Answer given by

Both sections are independent . Section 55A is very broad it applies for ascertaining the fair market value of a capital asset for the purposes of this Chapter , ie. Chapter IV . The Assessing Officer may refer the matter to Departmental Valuer . When the stamp duty valuation is more than the consideration the assessee can request the Assessing Officer to refer the matter to the Departmental valuer to apply the provision of section 50C. Section 50D deals with the fair market value of capital asset is not ascertainable or cannot be determined the capital gain will be charged on the basis of fair market value . The legislature in traduced the provision to overcome the decision of the Supreme Court in of CIT v. B.C. Srinivasa Setty [1981] 128 ITR 294 (SC) wherein the court held that when the cost of capital gains is not determinable or ascertainable the amount received on transfer of goodwill is not taxable . There is no contradiction under section 55A and 50D of the Act . Both will prevail depends on the facts of the case .

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