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 dismissed the appellant's claim for concessional tax rate of 10% under section 112A on long-term capital gains (LTCG) arising from redemption of Market Linked Debentures. The Tribunal held that while debentures qualify as "securities" under the Securities Contracts (Regulation) Act, 1956, section 112A specifically limits its preferential tax rate to equity shares, units of equity-oriented funds, and units of business trusts. The legislature intentionally excluded debentures from the provision's ambit. Consequently, LTCG from Market Linked Debentures is correctly taxable at 20% under section 112, as applied by the AO/CPC and confirmed by CIT(A)/NFAC.
The ITAT dismissed the appellant's claim for concessional tax rate of 10% under section 112A on long-term capital gains (LTCG) arising from redemption of Market Linked Debentures. The Tribunal held that while debentures qualify as "securities" under the Securities Contracts (Regulation) Act, 1956, section 112A specifically limits its preferential tax rate to equity shares, units of equity-oriented funds, and units of business trusts. The legislature intentionally excluded debentures from the provision's ambit. Consequently, LTCG from Market Linked Debentures is correctly taxable at 20% under section 112, as applied by the AO/CPC and confirmed by CIT(A)/NFAC.
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