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 ...
Nature of receipt - compensation for displacement in terms of re-development agreement as “Hardship Compensation” - surrender of flats by members pursuant to the re-development agreement - The ITAT considered the facts and legal arguments. It agreed with the appellant, concluding that the "Hardship Compensation" was a capital receipt and not revenue in nature. It referenced previous Tribunal decisions supporting this view.
Nature of receipt - compensation for displacement in terms of re-development agreement as “Hardship Compensation” - surrender of flats by members pursuant to the re-development agreement - The ITAT considered the facts and legal arguments. It agreed with the appellant, concluding that the "Hardship Compensation" was a capital receipt and not revenue in nature. It referenced previous Tribunal decisions supporting this view.
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