Section 50 Not Applicable if No Depreciation Was Claimed on Business Asset !

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In case of sale of business assets on which depreciation under section 32  is available and claimed   , there is special provision under section 50 of the Income Tax Act to compute the capital gains. As per  section 50  , if sale consideration  of a business asset is over & above the WDV as on 1st April plus any asset bought during the year , then there is net gain. Such a  gain  is considered short term capital gains u/s 50 .For example , you may have certain buildings and on one of the building which is sold now , depreciation was not claimed . The question is whether the gains on the sale of such a building is short term capital gains as per section 50 ?

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