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...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
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For capital gains purposes, the Tribunal treated the property as a long-term capital asset because the assessee had paid the full consideration and obtained possession and enjoyment in FY 2013-14; the later formal registration did not control the holding period. On that factual basis, indexation was allowed from FY 2013-14 and the gain was not assessed as short-term capital gain. The Tribunal also accepted registration charges paid in September 2013 as part of the cost of acquisition, since the supporting documents were unchallenged and there was no material to show duplication. The Revenue's appeal was dismissed and the additions were deleted.
For capital gains purposes, the Tribunal treated the property as a long-term capital asset because the assessee had paid the full consideration and obtained possession and enjoyment in FY 2013-14; the later formal registration did not control the holding period. On that factual basis, indexation was allowed from FY 2013-14 and the gain was not assessed as short-term capital gain. The Tribunal also accepted registration charges paid in September 2013 as part of the cost of acquisition, since the supporting documents were unchallenged and there was no material to show duplication. The Revenue's appeal was dismissed and the additions were deleted.
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