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    <title>2011 (11) TMI 399 - DELHI HIGH COURT</title>
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    <description>The High Court held that the amount received for surrendering tenancy rights constituted a capital receipt and could not be taxed under Section 10(3) of the Income Tax Act, 1961. The Court emphasized that tenancy rights are capital assets, and their surrender qualifies as a transfer with consideration received being a capital receipt. Since the cost of acquisition of the tenancy was deemed unascertainable, the Court ruled in favor of the assessee, dismissing the Revenue&#039;s appeal. The judgment highlighted the necessity of correctly classifying income under the appropriate heads for taxation purposes and rejected the Revenue&#039;s attempt to tax the amount as casual income.</description>
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    <pubDate>Wed, 09 Nov 2011 00:00:00 +0530</pubDate>
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      <title>2011 (11) TMI 399 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=210795</link>
      <description>The High Court held that the amount received for surrendering tenancy rights constituted a capital receipt and could not be taxed under Section 10(3) of the Income Tax Act, 1961. The Court emphasized that tenancy rights are capital assets, and their surrender qualifies as a transfer with consideration received being a capital receipt. Since the cost of acquisition of the tenancy was deemed unascertainable, the Court ruled in favor of the assessee, dismissing the Revenue&#039;s appeal. The judgment highlighted the necessity of correctly classifying income under the appropriate heads for taxation purposes and rejected the Revenue&#039;s attempt to tax the amount as casual income.</description>
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      <pubDate>Wed, 09 Nov 2011 00:00:00 +0530</pubDate>
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