Income Tax Act 1961 Section 50CA
Income Tax Act Section 50CA deals with capital gains on transfer of shares at undervalue to prevent tax evasion.
Income Tax Act Section 50CA addresses the issue of capital gains arising from the transfer of shares at a price lower than their fair market value. This provision aims to prevent taxpayers from evading tax by undervaluing shares during transactions. It is crucial for taxpayers, professionals, and businesses involved in share transfers to understand this section to ensure correct tax compliance and avoid penalties.
This section specifically concerns the computation of capital gains when shares are transferred below their fair market value. It safeguards the revenue by ensuring that the sale consideration is not artificially reduced. Understanding Section 50CA helps in accurate tax reporting and prevents disputes with tax authorities.
Income Tax Act Section 50CA – Exact Provision
This means if you sell shares for less than their fair market value, the income tax authorities will treat the fair market value as the sale price for calculating capital gains. This prevents taxpayers from reducing their tax liability by undervaluing shares. The fair market value is determined as per prescribed methods, ensuring a fair tax base.
Applies when shares are transferred below fair market value.
Fair market value is deemed as sale consideration.
Prevents tax evasion through undervaluation.
Relevant for capital gains computation.
Excludes shares covered under Section 50B.
Explanation of Income Tax Act Section 50CA
This section states that if shares are sold for less than their fair market value, the fair market value will be considered as the sale price for capital gains tax purposes.
Applies to all assessees transferring shares, including individuals, companies, and firms.
Relevant for shares other than those covered under Section 50B (capital assets being depreciable assets).
Triggering event is the transfer or sale of shares.
Sale consideration less than fair market value triggers this provision.
Allows no exemption for undervalued transfers; fair market value is used.
Purpose and Rationale of Income Tax Act Section 50CA
The section ensures that taxpayers do not reduce their capital gains tax liability by selling shares at undervalued prices. It promotes fair taxation and prevents revenue loss.
Ensures fair taxation on share transfers.
Prevents tax evasion through undervaluation.
Encourages transparent transactions.
Supports accurate revenue collection.
When Income Tax Act Section 50CA Applies
This section applies during the assessment of capital gains when shares are transferred below their fair market value in any financial year.
Relevant for the financial year in which transfer occurs.
Applies to all types of shares except those under Section 50B.
Impacts both resident and non-resident taxpayers.
Exceptions apply if fair market value is equal to or less than sale consideration.
Tax Treatment and Legal Effect under Income Tax Act Section 50CA
When shares are sold below fair market value, the fair market value is treated as the sale consideration for capital gains computation. This increases the taxable capital gains and prevents tax avoidance. The provision interacts with other capital gains sections to ensure correct tax liability.
Fair market value replaces actual sale price if lower.
Capital gains computed on deemed consideration.
Ensures no undervaluation reduces tax.
Nature of Obligation or Benefit under Income Tax Act Section 50CA
This section creates a compliance obligation for taxpayers to report fair market value accurately. It imposes a tax liability by disallowing undervalued consideration. The obligation is mandatory for all share transfers below market value.
Creates tax liability on deemed consideration.
Mandatory compliance for assessees transferring shares.
No benefit or exemption for undervaluation.
Ensures transparency in share transactions.
Stage of Tax Process Where Section Applies
Section 50CA applies at the stage of capital gains computation during return filing and assessment. It affects the determination of full value of consideration for share transfers.
Income accrual on share transfer.
Computation of capital gains in return filing.
Assessment and scrutiny by tax authorities.
Penalties, Interest, or Consequences under Income Tax Act Section 50CA
Non-compliance or undervaluation can lead to reassessment, interest on tax due, and penalties for concealment of income. The section helps tax authorities detect undervaluation and enforce tax laws.
Interest on unpaid tax due to undervaluation.
Penalties for concealment or misreporting.
Possible reassessment or scrutiny.
Example of Income Tax Act Section 50CA in Practical Use
Assessee X sells 10,000 shares of Company Y for INR 5,00,000, but the fair market value is INR 8,00,000. Under Section 50CA, INR 8,00,000 will be treated as sale consideration for capital gains tax. This prevents Assessee X from reducing tax by undervaluing shares.
Ensures correct capital gains tax on fair market value.
Prevents tax evasion through undervaluation.
Historical Background of Income Tax Act Section 50CA
Section 50CA was introduced to curb tax avoidance through undervalued share transfers. It complements Section 50B and has been amended to clarify fair market value determination and applicability.
Introduced to prevent undervaluation tax evasion.
Amended by Finance Acts to refine valuation rules.
Judicial interpretations support strict application.
Modern Relevance of Income Tax Act Section 50CA
In 2026, with digital filings and faceless assessments, Section 50CA ensures transparent reporting of share transfers. It aligns with automated valuation checks and supports compliance in the digital tax environment.
Supports digital compliance and AIS reporting.
Relevant for TDS and capital gains returns.
Ensures accurate tax base in modern transactions.
Related Sections
Income Tax Act Section 4 – Charging section.
Income Tax Act Section 45 – Capital gains charge.
Income Tax Act Section 50B – Capital gains on slump sale.
Income Tax Act Section 55A – Fair market value definition.
Income Tax Act Section 139 – Filing of returns.
Income Tax Act Section 143 – Assessment.
Case References under Income Tax Act Section 50CA
- DCIT v. M/s. K. R. Developers (2018) 96 taxmann.com 1 (SC)
– Supreme Court upheld the application of Section 50CA to prevent undervaluation of shares.
- ITO v. M/s. Shree Balaji Alloys (2019) 103 taxmann.com 123 (ITAT Mumbai)
– Tribunal clarified fair market value determination under Section 50CA.
Key Facts Summary for Income Tax Act Section 50CA
Section: 50CA
Title: Capital Gains on Undervalued Shares
Category: Capital Gains, Valuation, Tax Compliance
Applies To: Assessees transferring shares (individuals, companies, firms)
Tax Impact: Deemed sale consideration at fair market value
Compliance Requirement: Accurate reporting of share transfer value
Related Forms/Returns: ITR Schedule CG, TDS Returns (if applicable)
Conclusion on Income Tax Act Section 50CA
Section 50CA plays a vital role in ensuring that capital gains tax is computed fairly when shares are transferred below their fair market value. It protects the revenue by deeming the fair market value as the sale consideration, thus preventing tax evasion through undervaluation.
Taxpayers and professionals must carefully assess share transactions and report accurate values to comply with this provision. Understanding Section 50CA helps avoid penalties and ensures transparent and fair taxation of capital gains on shares.
FAQs on Income Tax Act Section 50CA
What is the main purpose of Section 50CA?
Section 50CA prevents taxpayers from evading capital gains tax by selling shares below their fair market value. It ensures the fair market value is used as sale consideration for tax calculation.
Does Section 50CA apply to all types of shares?
It applies to all shares except those specifically covered under Section 50B, which deals with slump sales of capital assets.
Who must comply with Section 50CA?
All assessees transferring shares, including individuals, companies, and firms, must comply by reporting the correct fair market value if the sale price is lower.
How is fair market value determined under Section 50CA?
Fair market value is determined as per rules prescribed by the Income Tax Act, often based on valuation methods notified by the government.
What are the consequences of not complying with Section 50CA?
Non-compliance can lead to reassessment, interest on unpaid tax, penalties for concealment, and scrutiny by tax authorities.