Section 10A and related deductions: Tribunal rejects separate-undertaking claim, but allows loss set-off, ESOP cost and foreign tax credit in principl...
Allotment or reservation rights in a flat are treated as valuable capital assets, and their holding period is determined from the date of allotment or reservation rather than subsequent payment entries. The notes state that a reservation letter and the developer's confirmation supported acquisition of the rights in the earlier financial year, while later ledger adjustments did not displace that contemporaneous evidence. On that basis, surrender of the flat rights was characterised as giving rise to long-term capital gain, with indexation benefit, rather than short-term capital gain.
Allotment or reservation rights in a flat are treated as valuable capital assets, and their holding period is determined from the date of allotment or reservation rather than subsequent payment entries. The notes state that a reservation letter and the developer's confirmation supported acquisition of the rights in the earlier financial year, while later ledger adjustments did not displace that contemporaneous evidence. On that basis, surrender of the flat rights was characterised as giving rise to long-term capital gain, with indexation benefit, rather than short-term capital gain.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4816 
Join Channel 
