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 ...
The ITAT Delhi ruled on the correct classification of income from property lease - whether as rental income, business income, or other sources. The lease agreement included not only the building but also substantial infrastructure and amenities, indicating a commercial asset lease. The user accepted possession of the entire building with services provided, showing a business intent. Tax authorities erred in reclassifying income as rental, leading to disallowed expenses and depreciation. The appeals were allowed, emphasizing the commercial nature of the arrangement.
The ITAT Delhi ruled on the correct classification of income from property lease - whether as rental income, business income, or other sources. The lease agreement included not only the building but also substantial infrastructure and amenities, indicating a commercial asset lease. The user accepted possession of the entire building with services provided, showing a business intent. Tax authorities erred in reclassifying income as rental, leading to disallowed expenses and depreciation. The appeals were allowed, emphasizing the commercial nature of the arrangement.
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