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 ...
HC held that the expenditure incurred by the appellant to clear title of a disputed property constitutes a cost directly connected with the asset transfer under Section 48. The payment was deemed 'wholly and exclusively' incurred in connection with the property transfer, as the title was initially clouded and litigation existed between original vendors and their sisters. The court found that without such payment, the property transfer could not have been executed, effectively treating the amount as integral to the sale consideration. The expenditure was therefore allowable as part of the cost of acquisition for long-term capital gains computation, ultimately deciding in favor of the assessee.
HC held that the expenditure incurred by the appellant to clear title of a disputed property constitutes a cost directly connected with the asset transfer under Section 48. The payment was deemed 'wholly and exclusively' incurred in connection with the property transfer, as the title was initially clouded and litigation existed between original vendors and their sisters. The court found that without such payment, the property transfer could not have been executed, effectively treating the amount as integral to the sale consideration. The expenditure was therefore allowable as part of the cost of acquisition for long-term capital gains computation, ultimately deciding in favor of the assessee.
Note: It is a system-generated summary and is for quick reference only.