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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
On allotment-based acquisition of immovable property, the holding period was held to run from the allotment date where the allotment letter created substantive enforceable rights and substantial consideration had already been paid, so the transfer was taxable as long-term capital gain. The Tribunal also treated additional evidence as admitted once it had been sent for remand comments and considered on merits, and found a separate refusal to admit it self-contradictory. For the immovable-property addition, it accepted substantial compliance with the banking-channel condition, held that the stamp duty value as on the allotment date was the relevant benchmark, and restored the matter only for limited factual verification of that valuation.
On allotment-based acquisition of immovable property, the holding period was held to run from the allotment date where the allotment letter created substantive enforceable rights and substantial consideration had already been paid, so the transfer was taxable as long-term capital gain. The Tribunal also treated additional evidence as admitted once it had been sent for remand comments and considered on merits, and found a separate refusal to admit it self-contradictory. For the immovable-property addition, it accepted substantial compliance with the banking-channel condition, held that the stamp duty value as on the allotment date was the relevant benchmark, and restored the matter only for limited factual verification of that valuation.
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