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Issue ID: 1967
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LONG TERM CAPITAL GAIN

Date 07 Jun 2010
Replies 4 Replies
Views 1653 Views
Genuineness of long term capital gains hinges on customary documentary support to establish transaction authenticity.
Genuineness of long term capital gain transactions is a factual assessment that depends on whether the transaction appears genuine and is supported by usual, normal and customary documentary evidence; absence of customary documents or the presence of unusual or superfluous records can undermine even a genuine transaction, and reliance on case law is limited because outcomes depend on case specific facts. (AI Summary)
RECENT CASE LAWS ON GENUINEITY OF LONG TERM CAPITAL GAIN
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Replied on Jun 8, 2010
1. Please clarify what is your issue?
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Replied on Jun 9, 2010
2. What do you want?
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Replied on Jun 11, 2010
3. Please tell us about your issue
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Replied on Jun 19, 2010
4. Bogus or genuine are matters of facts. Experience shows that besides being genuine, the transaction must also appear to be genuine supported by usual/ normal and customary documents. lack of usual documents and existence of unusual or superflous documents both can go against even a genuine transaction. Case law may not help much becasue each case can be different on facts.- rely on usual, customary documents.

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