Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Disallowance of deduction under sections 54B and 54F was examined; tribunal concluded the assessee is not entitled to either deduction and capital gain tax is payable on sale of flats, outcome: taxability established. Tribunal accepted that a registered joint venture agreement effected transfer earlier, making the share in constructed flats a capital asset and the market value at receipt (post occupancy certificate) constitutes cost of acquisition, outcome: cost to be treated from assessment year 2015-16. Tribunal allowed an additional claim before appellate authorities and restored the matter to the assessing officer to verify long term capital gain computation and determine correct tax liability.
Disallowance of deduction under sections 54B and 54F was examined; tribunal concluded the assessee is not entitled to either deduction and capital gain tax is payable on sale of flats, outcome: taxability established. Tribunal accepted that a registered joint venture agreement effected transfer earlier, making the share in constructed flats a capital asset and the market value at receipt (post occupancy certificate) constitutes cost of acquisition, outcome: cost to be treated from assessment year 2015-16. Tribunal allowed an additional claim before appellate authorities and restored the matter to the assessing officer to verify long term capital gain computation and determine correct tax liability.
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