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a claim for deduction under section 80-IA or 80-IB is allowed in the initial assessment year and is not subsequently withdrawn, the revenue is estopped from denying the deduction for subsequent years on the same grounds.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

C.E.Chandrasekar, Chennai vs. ITO, Chennai

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

ITA 1163/CHNY/2017[2012-13]Status: DisposedITAT Chennai07 Jun 2018AY 2012-13

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.1163/Chny/2017 "नधा"रण वष"/Assessment Year:2012-13 Shri C.E. Chandrasekar, The Principal Commissioner Of C/O. M/S. Ramesh & Ramachandran, Vs. Income Tax, Chennai – 5, C.As., New No. 39, Old No. 29/3, Chennai 600 034. Viswanathapuram Main Road, Kodambakkam, Chennai 600 024. [Pan: Akmpc4599A] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri Y. Sridhar, C.A. ""यथ" क" ओर से/Respondent By : Shri Srinivasa Rao, Cit सुनवाई क" तार"ख/ Date Of Hearing : 09.05.2018 घोषणा क" तार"ख /Date Of Pronouncement : 07.06.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax – Chennai 5, Chennai Dated 22.02.2017 Relevant To The Assessment Year 2012-13 Passed Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short]. The Only Effective Ground Raised In The Appeal Of The Assessee Is That The Ld. Pcit Has Erred In Invoking The Provisions Of Section 263 Of The Act To Direct The Assessing

For Appellant: Shri Y. Sridhar, C.AFor Respondent: Shri Srinivasa Rao, CIT
Section 143(3)Section 263Section 50C

Shri K.S. Kathirvel (HUF), Chennai vs. ITO, Coimbatore

ITA 2467/CHNY/2016[2009-10]Status: DisposedITAT Chennai05 Jun 2018AY 2009-10

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.2467/Mds/2016 "नधा"रण वष"/Assessment Year:2009-10 Shri K.S. Kathirvel (Huf), The Income Tax Officer, New No. 16/17, Teachers Colony, Vs. Non Corporate Ward 4(3), Podanur, Coimbatore 641 023. Coimbatore. [Pan: Aaihk6826J] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri S. Srihar, Advocate ""यथ" क" ओर से/Respondent By : Shri P.K. Senthil Kumar, Jcit सुनवाई क" तार"ख/ Date Of Hearing : 25.04.2018 घोषणा क" तार"ख /Date Of Pronouncement : 05.06.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 3, Coimbatore Dated 27.05.2016 Relevant To The Assessment Year 2009-10. The Assessee Has Raised Following Grounds In Its Appeal: 1. The Order Of The Commissioner Of Income Tax (Appeals) 3, Coimbatore Dated 27.05.2016 In I.T.A.No.118/15-16 For The Above Mentioned Assessment Year Is Contrary To Law, Facts & In The Circumstances Of The Case. 2. The Cit (Appeals) Erred In Partly Confirming The Addition Made In The Computation Of Long Term Capital Gains On The Application Of Section 50C Of 2

For Appellant: Shri S. Srihar, AdvocateFor Respondent: Shri P.K. Senthil Kumar, JCIT
Section 143(3)Section 50C

Gopal Krishan Dubey, Gautam Budh Nagar vs. ITO, Ward- 1(4), Noida

In the result, appeal of the assessee is dismissed as infructuous

ITA 89/DEL/2018[2009-10]Status: DisposedITAT Delhi04 Jun 2018AY 2009-10

Bench: Sh. N. K. Sainiita No. 89/Del/2018 : Asstt. Year : 2009-10 Gopal Krishan Dubey Vs Income Tax Officer, (Prop. M/S G. P. Exports), A-33, Ward-1(4), Sector-10, Noida, G. B. Nagar, Noida U.P (Appellant) (Respondent) Pan No. Aaxpd2991A Assessee By : Sh. R. R. Maurya, Ca Revenue By : Sh. B. R. Mishra, Sr. Dr Date Of Hearing : 04.06.2018 Date Of Pronouncement : 04.06.2018 Order This Is An Appeal By The Assessee Against The Order Dated 25.09.2017 Of Ld. Cit(A)-I, Noida. 2. Following Grounds Have Been Raised In This Appeal: “1. That The Order Of The Ld. Cit (A) Is Bad In Law & Against The Statutory Provisions. 2. On The Facts & In Circumstances Of The Case & In Law The Ld. Cit (A) Has Erred In Suo-Motu Recording Finding That The Assessment Order Passed By The Assessing Officer Without Issuing Statutory Notice U/S 143(2) Of The Act. 3. On The Facts & In Circumstances Of The Case & In Law The Ld. Cit(A) Has Erred In Sustaining The Addition Of Rs. 8,27,735/- On Account Of Short Term Capital Gain Made By The Ao By Invoking Provisions Of Section U/S 50C Of The Act. 4. On The Fact & In Circumstances Of The Case & In Law The Ld. Cit(A) Has Erred In Not Determining The Appeal On The Merit That Provisions Of Sections Oc Are Not Applicable To The Lease Hold Property.

For Appellant: Sh. R. R. Maurya, CAFor Respondent: Sh. B. R. Mishra, Sr. DR
Section 143(2)Section 154Section 50C