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“section 50CA”

Capital GainsSection 50CASection 50CA35 judgments

MADHUR COAL MINING PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1),, KOLKATA

In the result, the appeal filed by the assessee is dismissed

ITA 1784/KOL/2025[2015-2016]Status: DisposedITAT Kolkata02 Jan 2026AY 2015-2016

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(2)Section 143(3)Section 250Section 50DSection 56(2)(viia)

shares sold, and hence, the precondition for invoking section 50D i.e. that consideration was not ascertainable did not arise. The appellant also argued that section 50CA, which deals with deemed valuation of unlisted shares where consideration is lower than FMV, was introduced only from A.Y. 2018-19 and could ... based on credible valuation indicators and was not disputed by the appellant with any contrary evidence or valuation report. 8.6.8 The argument that section 50CA applies prospectively from A.Y. 2018- 19 is irrelevant as the AO has not invoked section 50CA. Section 50CA addresses undervaluation in general, whereas section

OCEANEERING INTERNATIONAL GMBH,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION) RANGE 3(2)(2), MUMBAI

In the result, ground of appeal is allowed for statistical purposes

ITA 6705/MUM/2025[2023-24]Status: DisposedITAT Mumbai12 Dec 2025AY 2023-24
For Appellant: Shri A.K. JawadwalaFor Respondent: Shri Krishna Kumar, Sr.DR
Section 143(3)Section 172Section 44B

absence of any specific enabling provisions\nunder Section 44B or Section 145A of the Act or any other provisions of the\nAct. For instance, Section 50CA is a deeming provision which enables\n\nreplacement of consideration with 'fair market value' where the amount of\nconsideration is less than the fair

JCIT(OSD), NEW DELHI vs. MANISH VIJ, DELHI

In the result, the appeal of the revenue is dismissed

ITA 1746/DEL/2025[2022]Status: DisposedITAT Delhi14 Nov 2025

Bench: Shri C. N. Prasad & Shri M. Balaganeshjcit, Vs. Manish Vij, A-1,/ 134, 1St Floor, Sk (Osd), Delhi Enclave, South West Delhi (Appellant) (Respondent) Pan: Aagpv7555H

For Appellant: Shri Salil Aggarwal, AdvFor Respondent: Shri Mahesh Kumar, CIT (DR)
Section 143(3)Section 144BSection 48Section 50C

whether the ld CIT(A) was justified in deleting the addition on account of short- term capital gains as per provisions of Section 50CA of the Act arising out of transfer of shares of Cash Grail (P) Ltd (CGPL). Manish Vij 3. We have heard the rival submissions and perused ... heed to the aforesaid contentions of the assessee and proceeded to make an addition of Rs. 52,68,21,209/- u/s 48 read with Section 50CA of the Act on account of alleged notional sale consideration assumed by the ld AO for the first sale of 801 shares and completed

PARK VIEW AUTOMOTIVE P.LTD,NEW DELHI vs. ITO, WARD-19(3), NEW DELHI

The appeal of the assessee is allowed

ITA 1159/DEL/2018[2010-11]Status: DisposedITAT Delhi15 Oct 2025AY 2010-11

Bench: SHRI ANUBHAV SHARMA (Judicial Member), SHRI AMITABH SHUKLA (Accountant Member)

For Appellant: Dr. Rakesh Gupta, Advocate &For Respondent: Ms Harpreet Kaur Hansra, Sr. DR
Section 143(1)Section 147

there was no occasion for the AO to go through the financials. The ld. counsel has also argued that in 2017, provisions of section 50CA of the Act were not applicable. Thus, no presumption of any deemed income could have been invoked. 4 5. As we go through the copy

BIGSTAR HOTELS RESORTS PVT. LTD.,NEW DELHI vs. ITO WARD 5(1), NEW DELHI

In the result, the appeal of the assessee is partly allowed

ITA 3351/DEL/2024[2020-21]Status: DisposedITAT Delhi25 Jul 2025AY 2020-21
Section 143(3)Section 250

Market Value (\"FMV\") of share as per Rule 11UA(1)(c)(b) of the Income Tax Rules, 1962 (\"the Rules\") and not as per Section 50CA, vide Pr. Commissioner of Income Tax Vs. M/s Cinestaan Entertainment Pvt. Ltd. in ITA 1007/2019 and ITO vs Appealing Infrastructure ... paper-book).\n6. Subsequently, at the time of selling of shares by the Appellant (i.e.as seller) to a third party. specific provisions contained under Section 50CA r.w. Rule 11UAA determining full value of consideration of unquoted shares, shall apply in the hands of the Appellant/seller. As per the said provisions

TECKMEN SYSTEMS ,MUMBAI vs. ITO WARD 27(3)(1), MUMBAI

In the result, the appeal filed by the assessee is allowed as per the above terms

ITA 28/MUM/2025[2019-20]Status: DisposedITAT Mumbai30 Jun 2025AY 2019-20

Bench: MS. KAVITHA RAJAGOPAL (Judicial Member), SMT. RENU JAUHRI (Accountant Member)

For Appellant: Shri G. P. Mehta, CAFor Respondent: Shri Ajit Pal Singh, SR. DR
Section 143Section 143(1)Section 143(1)(a)Section 250Section 50CSection 55A

IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE MS. KAVITHA RAJAGOPAL, JM AND SMT. RENU JAUHRI, AM Teckmen

ORIENT OVERSEAS CONTAINER LINE LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) CIRCLE 3(2)(2), MUMBAI

ITA 2129/MUM/2025[2022-23]Status: DisposedITAT Mumbai25 Jun 2025AY 2022-23
For Respondent: \nShri Krishna Kumar
Section 115JSection 143(2)Section 143(3)Section 144CSection 144C(13)Section 144C(5)Section 153Section 244ASection 44B

{ "clean_text": "IN THE INCOME TAX APPELLATE TRIBUNAL\n“I” BENCH, MUMBAI\nSHRI RAHUL CHAUDHARY, JUDICIAL MEMBER\nSHRI OMKARESHWAR CHIDARA

DEPUTY COMMISSIONER OF INCOME TAX, AURANGABAD vs. ASHISH JUGALKISHOR BHALA, JALNA

In the result, the appeal filed by the Revenue is partly allowed

ITA 1238/PUN/2024[2021-22]Status: DisposedITAT Pune16 Jun 2025AY 2021-22

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Dcit, Aurangabad Ashish Jugalkishor Bhala Mamta Hospital, Shivaji Putla Road, Vs. Bharat Nagar, Jalna – 431203 Maharashtra Pan: Ahmpb3683K (Appellant) (Respondent) Assessee By : Shri Anand Partani Department By : Shri Ramnath P Murkunde Date Of Hearing : 01-04-2025 Date Of Pronouncement : 16-06-2025 O R D E R

For Appellant: Shri Anand PartaniFor Respondent: Shri Ramnath P Murkunde
Section 56(2)(x)

weighted values as per the above-mentioned methods, the valuation of shares was arrived at Rs.522.48 per share. However, on perusal of provisions of section 50CA, the Assessing Officer noted that the valuation of shares for transfer purpose is required to be determined per sub-clause (b) of Rule 11UA ... shares at Rs.640/- per share. It was contended to provide the benefit of tolerance limit of 10% to 20% under the provisions of section 50CA and 43CA of the Act. In his submission by applying the tolerance limit of 15% and 20%, the assessee had determined the fair market value

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), CHENNAI vs. M. MAHADEVAN, CHENNAI

In the result, the appeals of the Revenue are decided as under:-\nITA Nos\nAssessment\nResult\nYear\nPartly allowed

ITA 1826/CHNY/2024[2019-20]Status: DisposedITAT Chennai30 May 2025AY 2019-20

adoption\nof this figures. The Appellant has submitted he has only transferred his shares\nfor a consideration which was higher than the valuation under Section 50CA\nand Section 56 of the Income-tax Act, 1961 read with Rule 11UAA and Rule\n11UA. In this context, the appellant has made ... adoption\nof this figures. The Appellant has submitted he has only transferred his shares\nfor a consideration which was higher than the valuation under Section 50CA\nand Section 56 of the Income-tax Act, 1961 read with Rule 11UAA and Rule\n11UA. In this context, the appellant has made

NINA KSHETRY,NOIDA vs. ACIT, CIRCLE INT.TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

ITA 1878/DEL/2023[2016-17]Status: DisposedITAT Delhi19 May 2025AY 2016-17

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

Section 148

JCTT (2003) 1 SOT 671 (DELHI); Sankeya Chemicals (P.) Lid. r. ACIT (2006) 8 SOT 50 (MUM.) 24. The ld. AR further stated that Section 50CA is not applicable to the present proceedings as where unquoted equity shares are transferred prior to 01-04-2018, the apparent sale consideration cannot ... valuation prescribed u/s 50CA read with Rule 11UA. Since, the shares in the present case were transferred in FY 2015-16 the provisions of section 50CA cannot be invoked to determine the FMV for taking it as full value of consideration for the computation of capital gains u/s 48. This

HERSH VARDHAN KSHETRY,NOIDA vs. ACIT, CIRCLE INT. TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

ITA 1877/DEL/2023[2016-17]Status: DisposedITAT Delhi19 May 2025AY 2016-17

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

Section 148

JCTT (2003) 1 SOT 671 (DELHI); Sankeya Chemicals (P.) Lid. r. ACIT (2006) 8 SOT 50 (MUM.) 24. The ld. AR further stated that Section 50CA is not applicable to the present proceedings as where unquoted equity shares are transferred prior to 01-04-2018, the apparent sale consideration cannot ... valuation prescribed u/s 50CA read with Rule 11UA. Since, the shares in the present case were transferred in FY 2015-16 the provisions of section 50CA cannot be invoked to determine the FMV for taking it as full value of consideration for the computation of capital gains u/s 48. This

SANGITA KSHETRY,NOIDA vs. ACIT,CIRCLE INT.TAX. 2(1)(2), NEW DELHI

In the result, the appeal of the assesses in ITA 1876/Del/2023, ITA

ITA 1876/DEL/2023[2016-17]Status: DisposedITAT Delhi19 May 2025AY 2016-17

Bench: Sh. C.N. Prasad & Sh. Naveen Chandraassessment Year: 2016-17

Section 148

JCTT (2003) 1 SOT 671 (DELHI); Sankeya Chemicals (P.) Lid. r. ACIT (2006) 8 SOT 50 (MUM.) 24. The ld. AR further stated that Section 50CA is not applicable to the present proceedings as where unquoted equity shares are transferred prior to 01-04-2018, the apparent sale consideration cannot ... valuation prescribed u/s 50CA read with Rule 11UA. Since, the shares in the present case were transferred in FY 2015-16 the provisions of section 50CA cannot be invoked to determine the FMV for taking it as full value of consideration for the computation of capital gains u/s 48. This

OCEANEERING INTERNATIONAL GMBH,MUMBAI vs. DCIT(INT. TAXATION)RANGE-3(2)(2), MUMBAI

In the result, ground no. 4 of the appeal is allowed for statistical\npurposes

ITA 802/MUM/2025[2022-23]Status: DisposedITAT Mumbai03 Apr 2025AY 2022-23
For Appellant: Shri Abdul Kadir Jawadwala ARFor Respondent: Shri Krishna Kumar, Sr. DR
Section 143(3)Section 144C(13)Section 145ASection 153Section 254(1)Section 44B

absence of any specific enabling provisions\nunder Section 44B or Section 145A of the Act or any other provisions of the\nAct. For instance, Section 50CA is a deeming provision which enables\nreplacement of consideration with 'fair market value' where the amount of\nconsideration is less than the fair market

OCEANEERING INTERNATIONAL GMBH,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (IT) 3(2)(2), AIR INDIA BUILDING, MUMBAI

In the result, ground no. 2 of the assessee's appeal is allowed

ITA 4670/MUM/2023[AY 2021-22]Status: DisposedITAT Mumbai21 Mar 2025

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI VIKRAM SINGH YADAV (Accountant Member)

Section 143(2)Section 143(3)Section 153Section 234ASection 234BSection 234CSection 274Section 44B

absence of any specific enabling provisions under Section 44B or Section 145A of the Act or any other provisions of the Act. For instance, Section 50CA is a deeming provision which enables replacement of consideration with 'fair market value' where the amount of consideration is less than the fair market

ACIT, CC- 18, NEW DELHI vs. SNEREA PROPERTIES PVT. LTD., NEW DELHI

Appeals of the Revenue are allowed for statistical purposes

ITA 5181/DEL/2017[2011-12]Status: DisposedITAT Delhi19 Feb 2025AY 2011-12

Bench: Shri Yogesh Kumar Us & Shri Avdhesh Kumar Mishra

Section 148

necessary to apply the provisions of Sec. 68 of the Act. Except for this if it is considered in view of the newly inserted Section 50CA w.c.f. 01.04.17 if any taxability will be determined that will be in hands of Shareholders not in hand of Assessee Company. I, therefore, direct

DHAS KISHOR RAMCHANDRA, AURANGABAD vs. DWARKAPRASAD BHIKULAL SONI, JALNA

In the result, the appeal filed by the Revenue stands dismissed

ITA 1188/PUN/2024[2021-22]Status: DisposedITAT Pune14 Feb 2025AY 2021-22

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: Shri Anand PartaniFor Respondent: Shri Amol Khairnar
Section 132(4)Section 50CSection 56(2)(x)Section 69C

restricting the addition to the extent of Rs.1,42,000/- as against addition made of Re. 12,92,000- under section 50CA of the Income Tax Act, 1961 without appreciating the fact that the 2 valuation for the purpose of section 56(2)(x) and 50CA is the Fair Market ... Revenue has challenged the deletion of addition on account of difference between the transaction value & fair market value of shares as per provisions of section 50CA 5 (Rs.12,92,000/-) and as per section 56(2)(x) (Rs.3,32,79,840/-). In this regard, Ld. DR submitted that

ORIENT OVERSEAS CONTAINER LINE LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-CIRCLE 3(2)(2) , MUMBAI

ITA 3278/MUM/2023[2020-21]Status: DisposedITAT Mumbai24 Oct 2024AY 2020-21
Section 143(3)Section 44B

{ "clean_text": "IN THE INCOME TAX APPELLATE TRIBUNAL, ‘I’ BENCH MUMBAI\nBEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER\n&\nSHRI AMARJIT

THE ITO, WARD-1(2)(1), AHMEDABAD vs. SHRI BIPIN BABUBHAI PANCHAL, AHMEDABAD

In the result, appeal of the Revenue is dismissed

ITA 949/AHD/2019[2012-13]Status: DisposedITAT Ahmedabad27 Aug 2024AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinhaassessment Year: 2012-13

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 263Section 50CSection 54F

sold by the assessee in the instant case if not the company or its assets but the shares held by the said company under Section 50CA inserted by Finance Act, 2017 w.e.f. 01.04.2018 clearly set out that it is only where the consideration received or accruing as a result

SMART INFORMATION WORLDWIDE INC,CHENNAI vs. ACIT INTERNATIONAL TAXATION 2(2), CHENNAI

The appeal stand allowed in terms of our above order

ITA 330/CHNY/2024[2016-17]Status: DisposedITAT Chennai06 Aug 2024AY 2016-17

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.330/Chny/2024 (िनधा9रणवष9 / Assessment Year: 2016-17) M/S. Smart Information Worldwide Inc. Dcit बनाम/ 49 Sixth Main Road, International Taxation -2(2) Vs. Raja Annamalaipuram, Chennai-600 028. Chennai-6. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaocs-8497-G (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri V. Ravichandran (Ca)- Ld.Ar " थ"कीओरसे/Respondent By : Shri Ar.V.Sreenivasan (Addl.Cit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 20-06-2024 घोषणा की तारीख /Date Of Pronouncement : 06-08-2024

For Appellant: Shri V. Ravichandran (CA)- Ld.ARFor Respondent: Shri AR.V.Sreenivasan (Addl.CIT)-Ld. Sr. DR
Section 143(3)Section 195Section 48Section 50CSection 50D

such specific provisions, such substitution is not permissible. 4. The learned Assessing Officer ought to have appreciated that that Finance Act, 2017 has introduced Section 50CA with effect from Assessment Year 2018-19 by which the capital gains on the sale of unlisted shares would be determined by taking ... appreciated that in the case of unlisted companies, the only statutory basis for valuation is provided under Rule 11UA which has been prescribed under Section 50CA and even if the capital gains were to be computed based on the fair market value, such fair market value has to be determined

SMART INFORMATION WORLDWIDE INC,CHENNAI vs. DCIT INTERNATIONAL TAXATION 2(2), CHENNAI

The appeal stand allowed in terms of our above order

ITA 329/CHNY/2024[2014-15]Status: DisposedITAT Chennai06 Aug 2024AY 2014-15

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.329/Chny/2024 (िनधा9रणवष9 / Assessment Year: 2014-15) M/S. Smart Information Worldwide Inc. Dcit बनाम/ 49 Sixth Main Road, International Taxation -2(2) Vs. Raja Annamalaipuram, Chennai-600 028. Chennai-6. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaocs-8497-G (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri V. Ravichandran (Ca)- Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 20-06-2024 घोषणा की तारीख /Date Of Pronouncement : 06-08-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri V. Ravichandran (CA)- Ld.ARFor Respondent: Shri Nilay Baran Som (CIT)-Ld. Sr. DR
Section 143(3)Section 195Section 48Section 50CSection 50D

such specific provisions, such substitution is not permissible. 4. The learned Assessing Officer ought to have appreciated that that Finance Act, 2017 has introduced Section 50CA with effect from Assessment Year 2018-19 by which the capital gains on the sale of unlisted shares would be determined by taking ... appreciated that in the case of unlisted companies, the only statutory basis for valuation is provided under Rule 11UA which has been prescribed under Section 50CA and even if the capital gains were to be computed based on the fair market value, such fair market value has to be determined

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