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

M/S Spytech Buildcon, Jaipur vs. Assistant Commissioner of Income Tax, Circle-6, Jaipur

Appeal of the assessee is dismissed

ITA 255/JPR/2019[2014-15]Status: DisposedITAT Jaipur14 Jul 2021AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 255/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2014-15 M/S Spytech Buildcon, Cuke A.C.I.T., Vs. 501, Geetansh Class Of Pearl, Circle-6, K-48-49, Income Tax Colony, Jaipur. Durgapura, Tonk Road, Jaipur, Rajasthan. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Abefs 2767 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Rohan Sogani (Ca) & Shri Rajeev Sogani (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Monisha Choudhary (Jcit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 21/06/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 14/07/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld.Cit(A)- 2, Jaipur Dated 25/01/2019 For The A.Y. 2014-15 In The Matter Of Order Passed U/S 143(3) Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. In The Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Has Erred In Confirming The Action Of The Ld. Ao In Making Addition Of Rs. 5,39,711/- U/S 43Ca Of The Income Tax Act, 1961. The Action Of Ld. Cit(A) Is Illegal, Unjustified, Arbitrary & Against The Facts Of The Case. Relief May Please Be Granted By Deleting The Said Addition Of Rs. 5,39,711/-.

For Appellant: Shri Rohan Sogani (CA) &For Respondent: Smt. Monisha Choudhary (JCIT)
Section 143(3)Section 43CSection 50C