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 ...
Completed unsold units held as a builder-developer's stock-in-trade may attract deemed annual-value taxation once occupancy or completion certificates have been issued. Notional rental income should be calculated using municipal rateable value, rather than an ad hoc percentage of the units' cost or investment. A unit for which purchaser advances have been received may be treated as sold and excluded from deemed rent where final possession has not been delivered, subject to verification of the claim and supporting material. The discussion notes remand for verification of the advance claim and recomputation of annual letting value on the municipal rateable-value basis.
Completed unsold units held as a builder-developer's stock-in-trade may attract deemed annual-value taxation once occupancy or completion certificates have been issued. Notional rental income should be calculated using municipal rateable value, rather than an ad hoc percentage of the units' cost or investment. A unit for which purchaser advances have been received may be treated as sold and excluded from deemed rent where final possession has not been delivered, subject to verification of the claim and supporting material. The discussion notes remand for verification of the advance claim and recomputation of annual letting value on the municipal rateable-value basis.
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