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...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
A joint development agreement alone does not trigger a transfer for capital gains purposes where possession is handed to the developer only for carrying out development and no consideration has been received or accrued to the landowner. The tribunal applied prior appellate and high court authorities to conclude that in the absence of consideration or possession transferred in the manner required to create equitable title, there is no accrual of capital gains in the year of the JDA; accordingly, no taxable capital gains arose for the year under consideration and the appeal was decided for the assessee.
A joint development agreement alone does not trigger a transfer for capital gains purposes where possession is handed to the developer only for carrying out development and no consideration has been received or accrued to the landowner. The tribunal applied prior appellate and high court authorities to conclude that in the absence of consideration or possession transferred in the manner required to create equitable title, there is no accrual of capital gains in the year of the JDA; accordingly, no taxable capital gains arose for the year under consideration and the appeal was decided for the assessee.
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