Political contribution deductions require genuine transactions; banking records and party registration alone cannot defeat evidence of accommodation e...
Post-death GST liability permits fresh proceedings against legal representatives, while discontinued-business recovery remains limited to the inherite...
Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
The principal issue was whether consideration received on...
Allocation of enhanced FSI/TDR proceeds between cooperative society and individual flat-owners; tribunal deletes society LTCG addition, remits 80P verification
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
The principal issue was whether consideration received on account of enhanced FSI/TDR arising from revised DCR 1991 constituted assessable long-term capital gains in the cooperative society or in its individual flat-owner members. Applying the legal distinction between tenant-co-partnership (flat-owners) and tenant-ownership societies and precedents holding that legal/beneficial ownership of flats and related TDRs vests in members, the tribunal held the AO's addition to the society as LTCG untenable and deleted it. Separately, the tribunal remitted the limited issue of a fresh section 80P deduction claim for verification of interest receipts and directed reassessment of the assessee's status as a registered society (not AOP). - ITAT
The principal issue was whether consideration received on account of enhanced FSI/TDR arising from revised DCR 1991 constituted assessable long-term capital gains in the cooperative society or in its individual flat-owner members. Applying the legal distinction between tenant-co-partnership (flat-owners) and tenant-ownership societies and precedents holding that legal/beneficial ownership of flats and related TDRs vests in members, the tribunal held the AO's addition to the society as LTCG untenable and deleted it. Separately, the tribunal remitted the limited issue of a fresh section 80P deduction claim for verification of interest receipts and directed reassessment of the assessee's status as a registered society (not AOP). - ITAT
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
