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...
Enhancement in reassessment could not bring to tax long-term capital gain from sale of the Manesar property as a new source of income when reopening was confined to unexplained investment in the Panchkula property; the Tribunal held that appellate enhancement does not extend to an altogether new source and deleted the addition. It also held that the Manesar asset was a residential house property, supported by the sale deed, occupation certificate, approved plans and loan records, so indexed cost of construction or improvement was allowable. On the exemption claim, substantial investment in a new residential house within the prescribed period entitled the assessee to deduction under sections 54/54F despite no deposit in the Capital Gain Account Scheme.
Enhancement in reassessment could not bring to tax long-term capital gain from sale of the Manesar property as a new source of income when reopening was confined to unexplained investment in the Panchkula property; the Tribunal held that appellate enhancement does not extend to an altogether new source and deleted the addition. It also held that the Manesar asset was a residential house property, supported by the sale deed, occupation certificate, approved plans and loan records, so indexed cost of construction or improvement was allowable. On the exemption claim, substantial investment in a new residential house within the prescribed period entitled the assessee to deduction under sections 54/54F despite no deposit in the Capital Gain Account Scheme.
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