Section 43CA of the Income Tax Act

Income-tax Act, 2025: s.53

Section 43CA of the Income-tax Act, 1961 corresponds to section 53 (Full value of consideration for transfer of assets other than capital assets in certain cases) of the Income-tax Act, 2025.

Read section 53 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 43CA is CIT v. Vatika Township (P.) Ltd. (49 Taxmann.com 249), cited in 294 of the 521 judgments on BharatTax that turn on this section.

Leading authorities on Section 43CA

CIT v. Vatika Township (P.) Ltd.
49 Taxmann.com 249 · 2014 · Supreme Court
294
citing judgments

Legislation is ordinarily presumed not to have retrospective operation, especially for taxing statutes unless explicitly stated or when intended to remove hardship for the assessee. The decision clarifies the principles for determining whether an amendment to a taxing statute applies prospectively or retrospectively, distinguishing between clarificatory and substantive amendments.

Nirma Industries Ltd. v. DCIT
283 ITR 402 · 2006 · High Court
136
citing judgments

Interest received on delayed payments for sales is considered part of the sale proceeds and is eligible for deduction under Section 80-IA as business income.

Rajeev Kumar Agarwal v. ACIT
149 ITD 363 · 2014 · ITAT
104
citing judgments

Curative amendments, such as a proviso to Section 40(a)(ia) introduced to remove undue hardship, apply retrospectively even without specific legislative declaration, rectifying shortcomings and obviating unintended difficulties.

CIT v. Puneet Sabharwal
338 ITR 485 · 2011 · High Court
69
citing judgments

The revenue must prove that an assessee received extra consideration beyond the declared value; a Departmental Valuation Officer's (DVO) report alone is insufficient to establish such receipt.

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.

Allied Motors v. CIT
297 ITR 322 · 2008 · Supreme Court
59
citing judgments

An amendment to a section is declaratory and clarifies the existing legal position, rather than introducing a new rule.

CIT v. Smt. Suraj Devi
328 ITR 604 · 2010 · High Court
58
citing judgments

The primary burden of proof for concealment of income lies with the revenue, and a DVO valuation report can only be relied upon after the revenue has discharged this initial burden.

CIT v. Green Infra Ltd.
78 Taxmann.com 340 · 2017 · High Court
56
citing judgments

The valuation of shares is not relevant for determining the genuineness of a transaction under Section 68 of the Income Tax Act. Interest income earned on the deposit of surplus funds is taxable as business income.

PCIT v. Swananda Properties (P.) Ltd.
111 Taxmann.com 94 · 2019 · High Court
50
citing judgments

Prior to the incorporation of the proviso to section 43CA(1) with effect from 1st April 2019, section 43CA did not envisage any limit regarding the difference between the stamp duty value and the actual sale consideration received by the assessee for the transfer of immovable property that was stock-in-trade.

Dharmashibhai Sonani v. ACIT
161 ITD 627 · 2016 · ITAT
48
citing judgments

Dharmashibhai Sonani holds that if a statutory proviso is declaratory and curative, intended to remedy unintended consequences of a main provision, it should be given retrospective effect. This principle applies when determining the effective date of such provisos, including the third proviso to Section 50C(1).

Judgments on Section 43CA

Dulal Bhattacharjee, Kolkata vs. ACIT, Circle 28, Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 369/KOL/2025[2015-2016]Status: DisposedITAT Kolkata21 May 2025AY 2015-2016

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.369/Kol/2025 Assessment Year: 2015-16 Dulal Bhattacharjee…..………………………………………...….……….Appellant C/O Subash Agarwal & Associates, Advocate Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aedpb8602E] Vs. Acit, Circle-28, Kolkata.………….....................……........……...…..…..Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 15, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee For The Assessment Year 2015-16 Is Directed Against The Order Dated 14.01.2025 Passed By The Ld. Commissioner Of Income-Tax, Appeals, Addl/Jcit(A), Bhopal [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’]. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income On 26.09.2015 For The Assessment Year 2015- 16 By Declaring Total Income Of Rs.15,84,310/-. Subsequently, The Case Of The Assessee Was Selected For Limited Scrutiny Under Cass Relating To The Issue Of Income/Capital Gains On Sale Of Land Or Building, Sale Of Property Mismatch, Sundry Creditors & Sales Turnover Mismatch. Thereafter, Statutory Notices U/S 142(1) & 143(2) Of The Act Were Issued To The Assessee & The Ld. Ar Of The Assessee Duly Complied To The Notices. During The Assessment Proceedings, It Was Found That The

Section 142(1)Section 43C

Airawat Developers Pvt Ltd, Pune vs. ITO, Ward 1(1), Pune

In the result, the appeal filed by the assessee in ITA

ITA 22/PUN/2025[2016-17]Status: DisposedITAT Pune06 May 2025AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1898/Pun/2024 िनधा"रण वष" / Assessment Year : 2016-17 Airawat Developers Pvt. Ltd., Vs. Ito, Ward-1(1), Pune. Office No.U5/6, Runwal Platinum Plot No.3-B, Ramnagar Colony, Bavdhan, Pune- 411022. Pan : Aaccn3380M Appellant Respondent आयकर अपील सं. / Ita No.22/Pun/2025 िनधा"रण वष" / Assessment Year : 2016-17 Airawat Developers Pvt. Ltd., Vs. Ito, Ward-1(1), Pune. Office No.U5/6, Runwal Platinum Plot No.3-B, Ramnagar Colony, Bavdhan, Pune- 411022. Pan : Aaccn3380M Appellant Respondent Assessee By : Shri Nikhil S. Pathak Revenue By : Shri Amol Khairnar Date Of Hearing : 12.02.2025 Date Of Pronouncement : 06.05.2025 आदेश / Order Per Vinay Bhamore, Jm: The Above Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 29.07.2024 & 08.11.2024 Passed By Ld. Cit(A)/Nfac Which, In Turn, Have Arisen From Assessment Order Dated 29.12.2018 Passed U/S 143(3) & Rectification Order Dated 11.03.2019 Passed U/S 154 R.W.S. 143(3) Of The It Act For The Assessment Year 2016-17 Respectively. 2. Since Both The Above Captioned Appeals Relate To The Same Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.1898/Pun/2024 For Adjudication.

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Amol Khairnar
Section 142(1)Section 143(3)Section 154Section 43C

Airawat Developers Private Limited, Pune vs. ITO Ward 1(1), Pune

In the result, the appeal filed by the assessee in ITA

ITA 1898/PUN/2024[2016-17]Status: DisposedITAT Pune06 May 2025AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1898/Pun/2024 िनधा"रण वष" / Assessment Year : 2016-17 Airawat Developers Pvt. Ltd., Vs. Ito, Ward-1(1), Pune. Office No.U5/6, Runwal Platinum Plot No.3-B, Ramnagar Colony, Bavdhan, Pune- 411022. Pan : Aaccn3380M Appellant Respondent आयकर अपील सं. / Ita No.22/Pun/2025 िनधा"रण वष" / Assessment Year : 2016-17 Airawat Developers Pvt. Ltd., Vs. Ito, Ward-1(1), Pune. Office No.U5/6, Runwal Platinum Plot No.3-B, Ramnagar Colony, Bavdhan, Pune- 411022. Pan : Aaccn3380M Appellant Respondent Assessee By : Shri Nikhil S. Pathak Revenue By : Shri Amol Khairnar Date Of Hearing : 12.02.2025 Date Of Pronouncement : 06.05.2025 आदेश / Order Per Vinay Bhamore, Jm: The Above Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 29.07.2024 & 08.11.2024 Passed By Ld. Cit(A)/Nfac Which, In Turn, Have Arisen From Assessment Order Dated 29.12.2018 Passed U/S 143(3) & Rectification Order Dated 11.03.2019 Passed U/S 154 R.W.S. 143(3) Of The It Act For The Assessment Year 2016-17 Respectively. 2. Since Both The Above Captioned Appeals Relate To The Same Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.1898/Pun/2024 For Adjudication.

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Amol Khairnar
Section 142(1)Section 143(3)Section 154Section 43C