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Court Upholds Tribunal's Use of Guidance Value for Indeterminable Capital Asset Transfer u/s 50D, Effective April 2013.

Capital gain computation - determination of full value of consideration - correct value of consideration - A machinery provision has been introduced by way of Section 50D of the Act. Though the said provision has come into effect from 1.4.2013, it certainly throws some light on the mode of computation under Section 48 of the Act. In the circumstances, we are of the considered opinion that the guidance value of the land or the guidance value of the building would be appropriate mode to determine the full value of consideration in the case of a transfer where consideration for the transfer of a capital asset is not attributable or determinable. Hence, guidance value adopted by the Tribunal cannot be faulted with. - HC .....

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