Section 50C of the Income Tax Act

Income-tax Act, 2025: s.78

Section 50C of the Income-tax Act, 1961 corresponds to section 78 (Special provision for full value of consideration in certain cases) of the Income-tax Act, 2025.

Read section 78 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 50C is CIT v. Alom Extrusions Ltd. (319 ITR 306), cited in 1,344 of the 3,223 judgments on BharatTax that turn on this section.

Leading authorities on Section 50C

CIT v. Alom Extrusions Ltd.
319 ITR 306 · 2009 · Supreme Court
1,344
citing judgments

A proviso inserted into a section to remedy unintended consequences, make the section workable, or supply an obvious omission must be read retrospectively in operation to give effect to the section as a whole.

CIT v. Chettinad Logistics (P) Ltd.
80 Taxmann.com 221 · 2017 · High Court
444
citing judgments

Section 14A cannot be invoked to disallow expenditure if the assessee has not earned any exempt income in the relevant assessment year. The Explanation to Section 14A is prospective in nature.

Allied Motors (P) Ltd. v. CIT
224 ITR 677 · 1997 · Supreme Court
398
citing judgments

Amendments to the Income-tax Act that are curative, clarificatory, or beneficial in nature apply retrospectively from the date the original statutory provision was introduced, even if not explicitly stated.

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.

CIT v. Paul Brothers
216 ITR 548 · 1995 · High Court
164
citing judgments

Once a claim for deduction under section 80-IA or 80-IB is allowed in the initial assessment year and is not subsequently withdrawn, the revenue is estopped from denying the deduction for subsequent years on the same grounds.

Sunil Kumar Agarwal v. CIT
372 ITR 83 · 2015 · High Court
159
citing judgments

The Assessing Officer is duty-bound to refer the valuation of property to the Departmental Valuation Officer under Section 50C(2) when an assessee disputes the stamp duty valuation or if there is a discrepancy between the actual sale consideration and the guideline value. This reference is mandatory, even if not explicitly requested by the assessee, to ensure a realistic fair market value and avoid injustice.

Kapurchand Shrimal v. CIT
131 ITR 451 · 1981 · Supreme Court
143
citing judgments

Appellate authorities in income-tax proceedings have the jurisdiction and duty to correct all errors of lower authorities. They must remit matters for proper or fresh adjudication and issue appropriate directions to ensure substantial justice, unless expressly forbidden by statute.

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.

Ltd. v. DCIT
76 Taxmann.com 268 · 2016 · High Court
101
citing judgments

Where the Assessing Officer performs an elaborate analysis to determine disallowance under Section 14A, the mere absence of a specific record of dissatisfaction with the assessee's calculation does not nullify the disallowance, provided the statutory steps are followed.

Judgments on Section 50C

Shri Dhanjibhai N. Patel, Ahmedabad vs. The Dy. CIT, Circle-3, Surat

In the result, the appeal of the assessee stands allowed

ITA 2155/AHD/2015[2011-12]Status: DisposedITAT Surat15 Oct 2018AY 2011-12

Bench: C .M. Garg, Jm & O. P. Meena, Am आ.अ.सं./I.T.A No. 2155/Ahd/2015: िनधा"रण वष"/Assessment Year: 2011-12 Shri Dhanjibhai N. Patel V. Deputy Commissioner Of Nanavaty& Associates A/18, Income-Tax, Circle -3, Surat 3Rd Floor Narayan Chambers Ashram Road 380009 Pan: Aezpp 9747 E अपीलाथ" Appellant ""यथ"/Respondent िनधा"रती क" ओर से Assessee By Shri A. P. Nanavaty, Ca राज"व क" ओर से Revenue By Shri Dilip Kumar, Sr. D.R. सुनवाई क" तारीख Date Of Hearing 12.10.2018 उ"ोषणा क" तारीख Date Of Pronouncement 15.10.2018 आदेश /Order Per O. P. Meena, Am 1. This Appeal At The Instance Of The Assessee Is Directed Against An Order Dated03.06.2015 Passed By Learned Commissioner Of Income Tax (Appeals)-Ii Surat (In Short “The Cit (A)”) For The Assessment Year 2011-12. 2. Ground No. 1 To 4 Are Against The Confirmation Of Penalty Of Rs. 3,77,142 Section 271(1)(C) Of The Act By Cit (A). 3. The Learned Counsel For The Assessee Submitted That Cit (A) Has Failed To Appreciate The On The Basis Of Return Filed U/S.147 Of The Act , There Is No Variation In The Returned Income & Assessed Income , Hence, Penalty Based On Return Filed U/S.147 Cannot Be Levied. Further, The Partners In Survey Under Section 133A, Has Admitted Capital Gains On The Ground & The Plea Of Treating Capital Gains In Order

Section 133ASection 147Section 271Section 271(1)Section 271(1)(c)Section 50CSection 54B

Gautam Bhakat, Hooghly vs. ITO, Ward - 23(2), Hooghly

ITA 869/KOL/2018[2014-15]Status: DisposedITAT Kolkata05 Oct 2018AY 2014-15

Bench: Shri S.S, Godaraassessment Year:2014-15 Gautam Bhakat Income Tax Officer, बनाम / 4(3), Bengal Coal Lane, Ward-23(2), Aayakar V/S. Sheoraphuli, Bhawan, Khadina Hooghly-712223 More, G.T. Road, [Pan No.Ahqpb 1821R] Hooghly-712101 .. अपीलाथ" /Appellant ""यथ" /Respondent None अपीलाथ" क" ओर से/By Appellant Shri Dilip Kumar Mitra, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 19-09-2018 सुनवाई क" तार"ख/Date Of Hearing 05-10-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R This Assessee’S Appeal For Assessment Year 2014-15, Arises Against The Commissioner Of Income-Tax (Appeals)-6, Kolkata’S Order Dated 28.02.2018 Passed In Case No.Cita-6, Kolkat-6/10144/16-17 Affirming The Assessing Officer’S Action Making Us 50(2)(Vii) Addition Of ₹6,62,962/- In Assessment Order Dated 18.08.2016 Involving Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. 2. I Notice At The Outset That The Cit(A)’S Detailed Discussion Qua The Above Sole Issue Reads As Follows:- “3. The Appellant Submitted Written Submission, Which Is Reproduced As Under:- ‘Only Ground Of Appeal Is Against Addition Made By The Learned Ao Of Rs.6,60,962.00 U/S. 56(2)(Vii)(B)(Ii) Of The Act. Registration Set Forth Share Of Market Share Of Difference No. & Date Value (Value Your Value Your As Per Assessee Assessee Conveyance Deeds) 00369/2014 5,00,000/- 1,00,00 15,28,586/- 3,05,717/- 2,05,717/- (1/5Th) (1/5Th) 18.1.2014 00400/2014 5,00,000/- 1,00,000/- 15,28,586/- 3,05,717/- 2,05,717/- (1/5Th) (1/5Th) 18.1.2014

Section 143(3)Section 43CSection 50CSection 56(2)Section 56(2)(v)Section 56(2)(vi)Section 56(2)(vii)