Section 50C and 50D


This query is : Resolved 

Quick Summary
This discussion examines the applicability of Sections 50C and 50D of the Income Tax Act to a property transaction. In this scenario, a landowner (A) transfers 52.5% ownership to a protected tenant (B) for free. In return, B relinquishes tenancy rights over the remaining 47.5%. The consensus is that these sections do apply, and the transaction is subject to capital gains tax, specifically in the hands of B, who is transferring their tenancy rights.

(Querist)
16 January 2020 A is the owner of a land.
B is a protected Tenant in the land.
A is giving B on ownership basis and free of cost 52.5% share of the land. In lieu of the same B is surrendering his tenancy rights to A with respect to the Balance 47.5% of the land.
Are sections 50C and 50D of the IT Act applicable to A in the above transaction.

16 January 2020 yes. It is subject to Capital gains.

HIMANSHU (Querist)
16 January 2020 Sir, In the hands of whom A or B?

16 January 2020 B is transferring his/her tenancy rights. Right? So capital gain is taxable in the hands of transferor i.e. B


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