RASMEET SINGH MALHOTRA,PIPARIYA vs. DCIT (CENTRAL CIRCLE)-2,BHOPAL, BHOPAL
What did the Tribunal hold?
The Tribunal held that the 3rd Proviso to Section 50C(1), introduced by the Finance Act, 2018, applies retrospectively from 01.04.2003. The difference between actual sale consideration and stamp duty valuation (Rs. 50,000, approx 1.19%) was within the safe harbour limit of 5%.
What were the facts?
The assessee sold an immovable property and received Rs. 42,00,000 as sale consideration (half share). The stamp duty valuation was Rs. 42,50,000 (half share). The lower authorities invoked Section 50C and adopted the stamp duty valuation for computing capital gains.
What were the issues?
Whether the 3rd Proviso to Section 50C(1) applies retrospectively for AY 2017-18, and if the difference between sale consideration and stamp duty valuation is within the safe harbour limit.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Maria Fernandes Cheryl v. ITO (International Taxation)65 citing123 Taxmann.com 252 · 2021 · ITAT
- ACIT v. Sunil B Dalal9 citing145 Taxmann.com 313 · 2022 · ITAT
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI B.M. BIYANI & SHRI PARESH M. JOSHI
आदेश/ O R D E R
Per B.M. Biyani, A.M.:
Feeling aggrieved by order of first appeal dated 23.09.2025 passed by learned Commissioner of Income-Tax (Appeals)-3, Bhopal [“CIT(A)”], which in turn arises out of assessment-order dated 06.12.2019 passed by learned DCIT, Central Circle-2, Bhopal [“AO”] u/s 143(3) of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2017-18, the assessee has filed this appeal on following grounds:
“1.That on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in confirming the action of the Assessing Officer in computing the share of the appellant in sale consideration at Rs. 42,50,000/- (Rs. 85,00,000/2) as against actual share of the appellant in sale consideration of Rs. 42,00,000/- (Rs. 84,00,000/2) Page 1 of 4
Rasmeet Singh Malhotra ITA No. 979/Ind/2025 – AY 2017-18 without properly appreciating the facts of the case and submissions made before him.” 2. The grievance of assessee in present case is very small and so also the
underlying facts. The assessee, as joint owner having ½ share, sold an
immovable property during the year. The actual sale consideration received
from purchaser was Rs. 84,00,000/- (assessee’s ½ share – Rs. 42,00,000/-)
whereas the valuation done by stamps authority was Rs. 85,00,000/-
(assessee’s ½ share – Rs. 42,50,000/-). While the assessee computed
taxable capital gain by taking Rs. 42,00,000/- as full value of consideration,
the lower authorities invoked section 50C and adopted Rs. 42,50,000/-. The
assessee is aggrieved by action of lower authorities.
Ld. AR for assessee made a straightforward submission that the assessee is entitled to the benefit of 3rd Proviso to section 50C(1) introduced
by Parliament through Finance Act, 2018 w.e.f. 01.04.2019, reading as
under:
“Provided also that where the value adopted or assessed or assessable by the stamp valuation authority does not exceed one hundred and five per cent of the consideration received or accruing as a result of the transfer, the consideration so received or accruing as a result of the transfer shall, for the purpose of section 48, be deemed to be the full value of the consideration.” 4. Ld. AR submitted that the difference in present case is just Rs.
50,000/- which is very much within the safe harbour limit of 5% permitted
in above Proviso. In so far as the applicability of above Proviso to AY 2017-
18, with which we are concerned in this appeal, Ld. AR relied upon following
Page 2 of 4
Rasmeet Singh Malhotra ITA No. 979/Ind/2025 – AY 2017-18 decisions wherein it has been held that the Proviso, though introduced
subsequently through Finance Act, 2018, would apply retrospectively from
01.04.2003 i.e. when the section 50C itself was introduced in statute:
(i) ITAT, Mumbai in Maria Fernandes Cheryl Vs. ITO, (2021) 123
taxmann.com 252 (Mumbai – Trib.)
(ii) ITAT, Mumbai in Assistant Commissioner of Income-tax Vs. Sunil B
Dalal, (2022) 145 taxmann.com 313 (Mumbai – Trib.)
(iii) ITAT, Surat in Girdharbhai Haribhai Gajera Vs. ITO, (2023) 149
taxmann.com 463 (Surat – Trib.)
We have carefully considered submissions of Ld. AR and facts of case
in the light of provision of section 50C and above-mentioned case laws. In
above mentioned decisions, it has been held that the 3rd Proviso to section
50C(1), as introduced by the Finance Act, 2018, operates retrospectively
with effect from 01.04.2003, i.e., the date on which section 50C itself was
brought on the statute. The legislative intent behind the said Proviso is to
provide a safe harbour to assessee where the difference between the actual
sale consideration and the stamp duty valuation does not exceed 5% of the
actual sale consideration. In present case, the actual sale consideration
(assessee's ½ share) was Rs. 42,00,000/- whereas the stamp duty valuation
(assessee's ½ share) was Rs. 42,50,000/-. The difference of Rs. 50,000/-
works out to approximately 1.19% of the actual sale consideration, which is
Page 3 of 4
Rasmeet Singh Malhotra ITA No. 979/Ind/2025 – AY 2017-18 well within the safe harbour limit of 5% prescribed under the said Proviso.
Therefore, in the light of decisions, we agree that the invocation of section
50C by the lower authorities and adoption of Rs. 42,50,000/- as the full
value of consideration, is not sustainable in law. Accordingly, we direct the
AO to adopt Rs. 42,00,000/- as the full value of consideration for computing
the capital gains in the hands of the assessee. Necessary computation shall
be done by AO. The ground of appeal raised by the assessee is thus allowed.
Resultantly, this appeal is allowed.
Order pronounced in open court on 17/04/2026
Sd/- Sd/-
(PARESH M. JOSHI) (B.M. BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER
Indore
िदनांक/Dated : 17/04/2026
Patel/Sr. PS Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order E COPYAssistant Registrar Income Tax Appellate Tribunal Indore Bench, Indore
Page 4 of 4
More judgments on Section 50C
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