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 ...
Correct head of income - treatment of income from sale and purchase of shares - business income or income from capital gains - high volume of transactions and frequently investment in shares - The High Court remitted the matter back to the Tribunal to consider the nature of the transaction concerning the sale and purchase of shares and the treatment of legal expenses afresh. - The Tribunal considered various tests laid down by the High Court and other judgments to determine the nature of the transaction. It found that the appellant had purchased shares with the intention of being an investor and held them as investments, thus treating the gains as capital gains.
Correct head of income - treatment of income from sale and purchase of shares - business income or income from capital gains - high volume of transactions and frequently investment in shares - The High Court remitted the matter back to the Tribunal to consider the nature of the transaction concerning the sale and purchase of shares and the treatment of legal expenses afresh. - The Tribunal considered various tests laid down by the High Court and other judgments to determine the nature of the transaction. It found that the appellant had purchased shares with the intention of being an investor and held them as investments, thus treating the gains as capital gains.
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