<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2014 (9) TMI 388 - ITAT KOLKATA</title>
    <link>https://www.taxtmi.com/caselaws?id=251362</link>
    <description>Compensation received in settlement of disputes over development rights was treated as a capital receipt because the assessee had no title or enforceable interest in the land and, at most, held a bare right to sue. A right to sue is not a transferable asset under section 6 of the Transfer of Property Act, 1882, and the payment was for surrendering the claimed right to purchase, develop, or operate the property rather than for trading income. The receipt was linked to loss of a capital advantage and impairment of the capital structure, so it was not liable to tax.</description>
    <language>en-us</language>
    <pubDate>Fri, 05 Sep 2014 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 12 Sep 2014 13:07:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=365000" rel="self" type="application/rss+xml"/>
    <item>
      <title>2014 (9) TMI 388 - ITAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=251362</link>
      <description>Compensation received in settlement of disputes over development rights was treated as a capital receipt because the assessee had no title or enforceable interest in the land and, at most, held a bare right to sue. A right to sue is not a transferable asset under section 6 of the Transfer of Property Act, 1882, and the payment was for surrendering the claimed right to purchase, develop, or operate the property rather than for trading income. The receipt was linked to loss of a capital advantage and impairment of the capital structure, so it was not liable to tax.</description>
      <category>Case-Laws</category>
      <law>Income Tax</law>
      <pubDate>Fri, 05 Sep 2014 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=251362</guid>
    </item>
  </channel>
</rss>