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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

ACIT-2(3)(1), Mumbai vs. Sterling Holiday Resorts Limited, Mumbai

In the result the appeal filed by the assessee stands partly allowed for statistical purposes and appeal filed by the revenue stands dismissed

ITA 940/MUM/2024[2018-19]Status: DisposedITAT Mumbai04 Apr 2025AY 2018-19

Bench: Shri Sandeep Gosain & Smt. Renu Jauhristerling Holiday Resorts Ltd Vs. Dcit – Circle 2(3)(1) 236, 4Th Floor, Purva Room No. 552, 5Th Primus, Okkiyampettai, Old Floor, Aayakar Bhavan, Mahabalipuram Road, Mk Road, New Marine Thoraipakkam, Chennai, Lines, Mumbai – 400 Tamil Nadu – 600 097. 020 Pan/Gir No. Aabct7079G (Applicant) (Respondent) Acit – Circle 2(3)(1) Vs. Sterling Holiday Resorts Room No. 552, 5Th Floor, Ltd Aayakar Bhavan, Mk 236, 4Th Floor, Purva Road, New Marine Lines, Primus, Okkiyampettai, Mumbai – 400 020 Old Mahabalipuram Road, Thoraipakkam, Chennai, Tamil Nadu – 600 097. Pan/Gir No. Aabct7079G (Applicant) (Respondent)

Section 250Section 48Section 55(2)(b)

case and in law, the Ld. CIT(A) erred in ignoring the valuation report furnished during the course of proceedings and relying on the circle rate from competent authority for valuation of cost of acquisition. 3.4. The Ld. CIT(A) / Ld. AO has erred in not follow the provisions ... matter is restored back to the file of Ld. CIT(A) for deciding this issue again on merits after calling the collector / circle rate of the land in question and providing opportunity to both the parties. Therefore with the above direction the matter is restored back to the file

Sterling Holiday Resorts Limited, Tamil Nadu vs. Deputy Commissioner of Income Tax 2(3)(1), Mumbai

In the result the appeal filed by the assessee stands partly allowed for statistical purposes and appeal filed by the revenue stands dismissed

ITA 844/MUM/2024[2018-19]Status: DisposedITAT Mumbai04 Apr 2025AY 2018-19

Bench: Shri Sandeep Gosain & Smt. Renu Jauhristerling Holiday Resorts Ltd Vs. Dcit – Circle 2(3)(1) 236, 4Th Floor, Purva Room No. 552, 5Th Primus, Okkiyampettai, Old Floor, Aayakar Bhavan, Mahabalipuram Road, Mk Road, New Marine Thoraipakkam, Chennai, Lines, Mumbai – 400 Tamil Nadu – 600 097. 020 Pan/Gir No. Aabct7079G (Applicant) (Respondent) Acit – Circle 2(3)(1) Vs. Sterling Holiday Resorts Room No. 552, 5Th Floor, Ltd Aayakar Bhavan, Mk 236, 4Th Floor, Purva Road, New Marine Lines, Primus, Okkiyampettai, Mumbai – 400 020 Old Mahabalipuram Road, Thoraipakkam, Chennai, Tamil Nadu – 600 097. Pan/Gir No. Aabct7079G (Applicant) (Respondent)

Section 250Section 48Section 55(2)(b)

case and in law, the Ld. CIT(A) erred in ignoring the valuation report furnished during the course of proceedings and relying on the circle rate from competent authority for valuation of cost of acquisition. 3.4. The Ld. CIT(A) / Ld. AO has erred in not follow the provisions ... matter is restored back to the file of Ld. CIT(A) for deciding this issue again on merits after calling the collector / circle rate of the land in question and providing opportunity to both the parties. Therefore with the above direction the matter is restored back to the file