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2021 (6) TMI 534 - AT - Income TaxCapital gain computation - application of the provisions of section 50C - difference between actual sale consideration vis-à-vis as determined u/s. 50C - HELD THAT:- As noticed at the outset that the same involves difference between its actual sale consideration vis-à-vis that determined U/s. 50C of the Act to be less than 5% and therefore, deserves to be condoned as per third proviso to sub-section (1) thereof. The Revenue’s only argument at this stage is that the said proviso was inserted by the Finance Act 2018 w.e.f, 1/4/2019 and therefore, it is not appliable with retrospective effect in A.Y. 2012-13 before us. We find no merit in the instant argument as per Maria Fernandes Cheryl [2021 (1) TMI 620 - ITAT MUMBAI] has already declined the Revenue’s identical argument thereby treating the foregoing statutory provisions as a curative one. The impugned former addition stands deleted. MAT computation - section 115JB book profits issue vis-à-vis brought forward book loss figure difference - HELD THAT:- Both the Learned Representatives are ad idem during the course of hearing the instant latter issue required afresh factual verification.We, therefore, direct the assessee to appear before the Assessing Officer on or before 30/09/2021 with all relevant supportive details for the necessary consequently verification
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