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    <description>Section 50 applies to depreciable assets, but the rate of tax on the resulting short-term capital gain was held not to be exigible at the higher rate adopted by the Assessing Officer. The asset had been held beyond the prescribed period, and the applicable capital gains regime, as supported by settled Supreme Court authority, governed the taxation of the gain. The higher rate was therefore unsustainable, and the issue was decided in favour of the assessee.</description>
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