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“circle rate”

Capital GainsSection 50CSection 50C478 judgments

The decision most relied on for circle rate is CIT v. Shivakami Co. (P.) Ltd. (159 ITR 71), cited in 133 judgments on BharatTax.

Leading authorities on circle rate

CIT v. Shivakami Co. (P.) Ltd.
159 ITR 71 · 1986 · Supreme Court
133
citing judgments

The burden of proving an understatement of consideration or the receipt of 'on-money' lies solely with the Revenue, which must provide cogent evidence of actual receipt of higher consideration, beyond mere estimates or suspicion. Additions cannot be made based on assumptions like differences from circle rates without such evidence.

Maria Fernandes Cheryl v. ITO (International Taxation)
123 Taxmann.com 252 · 2021 · ITAT
65
citing judgments

The amendment introducing a tolerance band (safe harbour) under section 50C, allowing a difference of up to 10% between actual sale consideration and stamp duty valuation, applies retrospectively. If the difference falls within this limit, the actual sale consideration is adopted as the full value of consideration for computing capital gains.

CIT v. Vummudi Amarendran
429 ITR 97 · 2020 · High Court
39
citing judgments

The first and second provisos to Section 50C(1) are retrospective in nature and applicable from the inception of the main section. The third proviso to Section 50C(1) is also retrospective and applies from the same date as the main provision.

Dharamashibhai Sonani v. Asstt. CIT
75 Taxmann.com 141 · 2016 · ITAT
26
citing judgments

The circle rate prevalent at the time of entering into an agreement is to be considered for the purpose of Section 50C, as amendments to this section have been held to be retrospectively applicable.

Nagarjuna Fertilizers & Chemicals Ltd. v. Assistant Commissioner of Income-tax, Circle-15 (1), Hyderabad
78 Taxmann.com 264 · 2017 · Reported
24
citing judgments

If a Double Taxation Avoidance Agreement (DTAA) provides for a lower tax rate than Section 206AA, tax at source must be deducted at the lower DTAA rate, even if the non-resident deductee fails to provide their PAN. Section 206AA does not override the beneficial provisions of a DTAA.

Siva Industries and Holdings Ltd. v. ACIT, Central Circle-6(1) Chennai
46 SOT 112 · 2014 · ITAT
23
citing judgments

When an assessee provides loans to its associated enterprise (AE) using its own funds (not borrowed funds), the arm's length interest rate for such inter-company loans should be determined by considering comparable interest rates like PLR, SBI short-term rate, or LIBOR plus a markup. This principle applies even if the funds were raised through sources like zero per cent optional convertible preferential shares.

Techbooks International (P.) Ltd. v. Deputy Commissioner of Income-tax, Circle-3, Noida
63 Taxmann.com 114 · 2015 · High Court
22
citing judgments

The determination of Arm's Length Price (ALP) for international transactions involving debt requires consideration of both the amount on which interest should be charged and the arm's length rate for that interest. Guidelines are provided for computing the ALP of the international transaction of 'debt arising during the course of business.'

Joseph Mudaliar v. DCIT
130 Taxmann.com 250 · 2021 · Reported
18
citing judgments

The amendment to section 50C(1) of the Income Tax Act, 1961, by inserting the third proviso through the Finance Act, 2018, is curative and applies retrospectively. This means the tolerance band for the difference between sale consideration and stamp duty value, introduced by this amendment, is applicable to earlier assessment years.

Judgments citing circle rate

Darshini Amit Sharma, Daman vs. Income Tax Officer, Ward, Daman

In the result, the appeal of the assessee is allowed

ITA 1345/SRT/2025[2017-18]Status: DisposedITAT Surat19 Mar 2026AY 2017-18

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 1345/Srt/2025 (निर्धारण वर्ष / Assessment Year : 2017-18) Darshini Amit Sharma बनाम / Vs. Income Tax Officer Ward Daman, Daman 207, Spectra Housing Society, Veera Desai Road, Andheri West, Mumbai, Maharashtra - 400053 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Blhps5706E (Appellant) (Respondent) अपीलार्थी ओर से / Appellant By : Shri Chetan Agrawal, Ar प्रत्यर्थी की ओर से/Respondent By : Shri Ajay Uke, Sr. Dr Date Of Hearing Date Of Pronouncement 16/03/2026 19/03/2026 Order The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Hereinafter Referred To As “Nfac”), Delhi (Hereinafter Referred To As “Cit(A)") Dated 30.09.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As The “Act") & Relates To

For Appellant: Shri Chetan Agrawal, ARFor Respondent: Shri Ajay Uke, Sr. DR
Section 250Section 50(1)Section 50C(1)Section 56(2)(x)

Section 50C is. In terms of this provision, if the property is sold below the stamp duty valuation rate, which is often called circle rate, this stamp duty valuation report is assumed as sale consideration for the property in question, and, accordingly, capital gains tax is levied. This deeming fiction