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Issue ID: 108831
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SECTION 50C

Date 30 Jun 2015
Replies 0 Replies
Views 1041 Views
Asked by
Section 50C valuation treatment raises whether land-for-flats exchanges in joint development attract stamp-value deeming.
Whether Section 50C valuation deeming applies where an owner transfers vacant land under a joint development agreement and receives built flats as consideration, and whether the deeming provision should operate on the original land transfer or on the flats sold by the landowner; the focus is on characterization of the taxable event, nature of consideration in kind, and allocation of stamp-based valuation for capital gains computation. (AI Summary)

An individual Mr. X is a owner of land and 3 years ago he has entered into a joint development agreement with developer which is a Private Limited Company. The developer had agreed to construct a residential complex and it will transfer certain no. of flats to Mr. X in consideration of the land. On final completion of project developer transferred 40 flats to Mr. X and all the flats were sold by Mr. X.

In this regard I want to know since Mr. X transferred a vacant land to developer therefore Section 50C will be applicable to on account of land or else on flats.

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