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 ...
Computation of LTCG u/s. 50C - leasehold right on land acquired - valuation of properties - The ITAT meticulously analyzed the nature of leasehold versus freehold properties and affirmed that Section 50C is applicable only to "land or building or both", not extending to leasehold interests which are fundamentally different in nature due to their restricted and limited rights. - The Tribunal also addressed the submission related to the first and second provisos to Section 50C concerning the valuation of properties based on agreements and their registration dates. It was emphasized that the agreement date and the actual consideration should guide the capital gains computation, especially when a discrepancy exists between the agreement date and registration date values. - Ultimately, the Tribunal supported the respondent's position by ruling that leasehold rights in land do not fall under the ambit of Section 50C.
Computation of LTCG u/s. 50C - leasehold right on land acquired - valuation of properties - The ITAT meticulously analyzed the nature of leasehold versus freehold properties and affirmed that Section 50C is applicable only to "land or building or both", not extending to leasehold interests which are fundamentally different in nature due to their restricted and limited rights. - The Tribunal also addressed the submission related to the first and second provisos to Section 50C concerning the valuation of properties based on agreements and their registration dates. It was emphasized that the agreement date and the actual consideration should guide the capital gains computation, especially when a discrepancy exists between the agreement date and registration date values. - Ultimately, the Tribunal supported the respondent's position by ruling that leasehold rights in land do not fall under the ambit of Section 50C.
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