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    <title>2005 (1) TMI 595 - ITAT MUMBAI</title>
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    <description>Transferable development rights constituted a distinct asset arising under development control regulations, separate from the land, building, or municipal approvals connected with the property. Expenditure on acquiring leasehold land, constructing the building, or obtaining approvals could not be treated as the cost of acquiring those rights. Where no ascertainable cost of acquisition exists for the transferred asset, capital gains cannot be charged. Accordingly, consideration received on assignment of transferable development rights was not liable to capital gains tax, and the related addition was deleted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=117686</link>
      <description>Transferable development rights constituted a distinct asset arising under development control regulations, separate from the land, building, or municipal approvals connected with the property. Expenditure on acquiring leasehold land, constructing the building, or obtaining approvals could not be treated as the cost of acquiring those rights. Where no ascertainable cost of acquisition exists for the transferred asset, capital gains cannot be charged. Accordingly, consideration received on assignment of transferable development rights was not liable to capital gains tax, and the related addition was deleted.</description>
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