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 ...
Capital gains tax exemption bonds issued u/s 54EC of the Income Tax Act, 1961, are long-term specified assets with a mandatory lock-in period of 5 years. The legislative intent behind this lock-in period is to ensure long-term capital allocation and financial stability. The bonds cannot be transferred, converted into money, or used as security for a loan within the lock-in period, as it would violate the statutory purpose and contractual terms. Premature cancellation or redemption of these bonds is not permissible, even if the capital gains exemption is not claimed or the investor is willing to forgo interest. Allowing such premature redemption would undermine the object and purpose of the bond scheme and contravene statutory obligations u/s 54EC. The terms and conditions governing the bonds are binding on both parties, and cannot be unilaterally altered or modified through judicial intervention under Article 226 of the Constitution.
Capital gains tax exemption bonds issued u/s 54EC of the Income Tax Act, 1961, are long-term specified assets with a mandatory lock-in period of 5 years. The legislative intent behind this lock-in period is to ensure long-term capital allocation and financial stability. The bonds cannot be transferred, converted into money, or used as security for a loan within the lock-in period, as it would violate the statutory purpose and contractual terms. Premature cancellation or redemption of these bonds is not permissible, even if the capital gains exemption is not claimed or the investor is willing to forgo interest. Allowing such premature redemption would undermine the object and purpose of the bond scheme and contravene statutory obligations u/s 54EC. The terms and conditions governing the bonds are binding on both parties, and cannot be unilaterally altered or modified through judicial intervention under Article 226 of the Constitution.
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