Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
Consideration received on surrender of tenancy rights was treated as arising from a capital asset, so its taxability had to be examined under Capital Gains. Even where the cost of acquisition was said to be unascertainable or nil, the receipt could not be re-characterised and taxed under the residuary head of Income from Other Sources. The Tribunal relied on the established principle that failure of capital gains computation does not permit shifting a capital receipt to a different head of income, and upheld deletion of the addition. The tenancy and surrender agreements were on record, with no adverse finding on their genuineness.
Consideration received on surrender of tenancy rights was treated as arising from a capital asset, so its taxability had to be examined under Capital Gains. Even where the cost of acquisition was said to be unascertainable or nil, the receipt could not be re-characterised and taxed under the residuary head of Income from Other Sources. The Tribunal relied on the established principle that failure of capital gains computation does not permit shifting a capital receipt to a different head of income, and upheld deletion of the addition. The tenancy and surrender agreements were on record, with no adverse finding on their genuineness.
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