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Considering the fact that we are dealing with special provision for full value of consideration in certain cases u/s.50C of the Act, which is a deeming provision, the fiction created in this section cannot be extended to any asset other than those specifically provided therein. As sec. 50C of the Act applies only to a capital asset, being land or building or both, it cannot be made applicable to lease rights in a land.

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Sec. 50C of Income Tax Act, 1961 — Capital gains — Special provision for computation of capital gains in certain cases — Provisions of sec. 50C cannot be invoked as sec. 50C applies only to a capital asset, being land or building or both, it cannot be made applicable to lease rights in a land as the assessee has transferred leasehold right for 99 years in the shop and not land itself — RITZ SUPPLIERS (P.) LTD. Vs. ITO [2020] 204 TTJ 383 (ITAT-KOLKATA)

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