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    <title>2012 (9) TMI 804 - ITAT MUMBAI</title>
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    <description>For capital gains purposes, only consideration that has actually accrued in substance can be brought to tax; the promised 18,000 sq. ft. construction never materialised after the later tripartite conveyance, so its value was excluded from the transfer computation. Premium paid to purchase and cancel shares of a rival shareholder group was treated as revenue expenditure because it was incurred to resolve a business-disrupting dispute, secure smooth management, and improve commercial efficiency without creating a capital asset or enduring benefit in the capital field. Both additions were deleted and the assessee obtained relief on each claim.</description>
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      <link>https://www.taxtmi.com/caselaws?id=216996</link>
      <description>For capital gains purposes, only consideration that has actually accrued in substance can be brought to tax; the promised 18,000 sq. ft. construction never materialised after the later tripartite conveyance, so its value was excluded from the transfer computation. Premium paid to purchase and cancel shares of a rival shareholder group was treated as revenue expenditure because it was incurred to resolve a business-disrupting dispute, secure smooth management, and improve commercial efficiency without creating a capital asset or enduring benefit in the capital field. Both additions were deleted and the assessee obtained relief on each claim.</description>
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