Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Issue concerns eligibility for capital gains exemption under Section 54 where the replacement dwelling was an under construction flat. The article explains the Tribunal treated acquisition as effected on discharge of balance consideration and taking possession on completion, not on execution of the booking agreement. Applying the substance of the transaction, possession/payment on completion (07-01-2015) was held to be the relevant date for the two year compliance measured from transfer (28-10-2013), therefore the statutory conditions were satisfied and the exemption was allowed.
Issue concerns eligibility for capital gains exemption under Section 54 where the replacement dwelling was an under construction flat. The article explains the Tribunal treated acquisition as effected on discharge of balance consideration and taking possession on completion, not on execution of the booking agreement. Applying the substance of the transaction, possession/payment on completion (07-01-2015) was held to be the relevant date for the two year compliance measured from transfer (28-10-2013), therefore the statutory conditions were satisfied and the exemption was allowed.
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