Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
ITAT held that indexed cost of improvement for an old developed residential property could not be rejected merely because old bills and vouchers were unavailable. As the registered sale deed and stamp valuation records showed a substantial superstructure, the cost of construction and improvement had to be recomputed on a reasonable basis using the covered area and applicable PWD rates, with consequential indexation. On section 54, the Tribunal held that the assessee was entitled to deduction on the full eligible investment in the new leasehold residential property because the funds were wholly from the assessee and joint naming of the husband did not limit the claim. Optional club membership charges were excluded from eligible cost.
ITAT held that indexed cost of improvement for an old developed residential property could not be rejected merely because old bills and vouchers were unavailable. As the registered sale deed and stamp valuation records showed a substantial superstructure, the cost of construction and improvement had to be recomputed on a reasonable basis using the covered area and applicable PWD rates, with consequential indexation. On section 54, the Tribunal held that the assessee was entitled to deduction on the full eligible investment in the new leasehold residential property because the funds were wholly from the assessee and joint naming of the husband did not limit the claim. Optional club membership charges were excluded from eligible cost.
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