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Supreme Court stays Bombay HC order on capital gains tax rate for depreciable assets

Summary

The Supreme Court issued notice on the Income Tax Department's petition and stayed a January 2026 Bombay High Court order that asked the department to follow the ITAT Special Bench ruling in SKF. The dispute is whether gains on depreciable assets deemed short-term under Section 50 can still get the Section 112 long-term rate. The merits are yet to be heard.

What it means for you

Taxpayers claiming the concessional long-term rate on sale of depreciable assets should treat the issue as disputed until the Supreme Court decides.

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This summary is general information, not legal advice. The outcome of any case depends on its facts; read the source and take advice before acting.

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