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 ...
Section 48 requires capital gains to be computed using the consideration actually received or accruing, unless an applicable deeming provision permits substitution with fair market value. Redemption proceeds from non-cumulative preference shares therefore cannot be replaced by the price of equity shares in the same company, because the share classes carry different rights and no additional consideration was established. The provision for unquoted-share transfers and the rule for unascertainable consideration do not apply where redemption consideration is ascertainable. A claim for enhanced acquisition cost following capital reduction and consolidation requires factual verification of acquisition records, share identity, legal effect and cost allocation; it cannot be raised as a pure legal ground without an existing factual record.
Section 48 requires capital gains to be computed using the consideration actually received or accruing, unless an applicable deeming provision permits substitution with fair market value. Redemption proceeds from non-cumulative preference shares therefore cannot be replaced by the price of equity shares in the same company, because the share classes carry different rights and no additional consideration was established. The provision for unquoted-share transfers and the rule for unascertainable consideration do not apply where redemption consideration is ascertainable. A claim for enhanced acquisition cost following capital reduction and consolidation requires factual verification of acquisition records, share identity, legal effect and cost allocation; it cannot be raised as a pure legal ground without an existing factual record.
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