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...
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Where an attached residential property remained in the applicant's self-occupation, the Tribunal applied Vijay Madanlal Chaudhary to hold that taking physical possession before confiscation is exceptional, not routine. As no exceptional circumstance was shown and the Directorate did not establish any basis to displace the occupant, the applicant could retain possession and no notional rent could be demanded for the self-occupied property. The Tribunal also noted that the pending modification application had not been adjudicated earlier. The rights of mortgagee banks and secured creditors to proceed in accordance with law were left unaffected.
Where an attached residential property remained in the applicant's self-occupation, the Tribunal applied Vijay Madanlal Chaudhary to hold that taking physical possession before confiscation is exceptional, not routine. As no exceptional circumstance was shown and the Directorate did not establish any basis to displace the occupant, the applicant could retain possession and no notional rent could be demanded for the self-occupied property. The Tribunal also noted that the pending modification application had not been adjudicated earlier. The rights of mortgagee banks and secured creditors to proceed in accordance with law were left unaffected.
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