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    <title>2012 (7) TMI 209 - ITAT MUMBAI</title>
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    <description>Amounts distributed from an estate administrator were treated as non-taxable in the assessee&#039;s hands because the estate had already been separately assessed, the assessee held only a right to receive sale proceeds, and there was no transfer or extinguishment of a capital asset right to attract capital gains. The facts also lacked the commercial character needed to treat the receipts as business income. Portfolio management service fees were not allowable in computing capital gains because they were not shown to be incurred wholly and exclusively in connection with the transfer, or to form part of cost of acquisition or improvement. No disallowance under section 14A was warranted where no expenditure was claimed against exempt dividend income.</description>
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      <link>https://www.taxtmi.com/caselaws?id=214634</link>
      <description>Amounts distributed from an estate administrator were treated as non-taxable in the assessee&#039;s hands because the estate had already been separately assessed, the assessee held only a right to receive sale proceeds, and there was no transfer or extinguishment of a capital asset right to attract capital gains. The facts also lacked the commercial character needed to treat the receipts as business income. Portfolio management service fees were not allowable in computing capital gains because they were not shown to be incurred wholly and exclusively in connection with the transfer, or to form part of cost of acquisition or improvement. No disallowance under section 14A was warranted where no expenditure was claimed against exempt dividend income.</description>
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