Case Law: PCIT vs. The Executor of Estate of Late Smt. Manjula A. Shah (Bombay High Court)

50C Capital Gains: The valuation of the stamp authority cannot be adopted for the purpose of collecting capital gain tax in the hands of the assessee if there is a long gap between the date of execution of the MOU and the execution of a formal development agreement

The assessee can be taxed only on the gain which is oozing out from the sale consideration, thus, no adverse inference can be drawn while invoking the provision of section 50C of the Act. No evidence has been produced by the Revenue at any stage that the assessee actually received the value which was adopted by the stamp valuation authority

PCIT vs. The Executor of Estate of Late Smt. Manjula A. Shah (Bombay High Court)

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