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...
Under a joint development agreement, transfer for capital-gains purposes may occur when the developer is permitted to enter the land and undertake development in part performance of the agreement, regardless of a recital that possession was not delivered. Receipt or sale of allotted flats is treated as a separate taxable stage and does not defer the transfer of land and development rights. Consideration for the landowner is determined by the stamp duty value of the built-up area received, rather than the developer's construction cost, with applicable indexed cost and expense deductions. Under the then applicable law, multiple allotted residential flats may qualify collectively as a residential house for exemption under sections 54 and 54F.
Under a joint development agreement, transfer for capital-gains purposes may occur when the developer is permitted to enter the land and undertake development in part performance of the agreement, regardless of a recital that possession was not delivered. Receipt or sale of allotted flats is treated as a separate taxable stage and does not defer the transfer of land and development rights. Consideration for the landowner is determined by the stamp duty value of the built-up area received, rather than the developer's construction cost, with applicable indexed cost and expense deductions. Under the then applicable law, multiple allotted residential flats may qualify collectively as a residential house for exemption under sections 54 and 54F.
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