<?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>2013 (11) TMI 1635 - ITAT KOLKATA</title>
    <link>https://www.taxtmi.com/caselaws?id=179647</link>
    <description>Rights acquired on allotment of specific flats, together with continuing payments to the builder, were treated as a capital asset for capital gains purposes, with the holding period counted from the date enforceable rights in the identified property arose rather than from the later registered conveyance. On that basis, the transfer was treated as giving rise to long-term capital gain because the period exceeded thirty-six months. Section 54 relief was considered capable of application to the transfer of such rights, but the factual question whether the capital gains were invested in a new residential house had not been examined. The denial of exemption was therefore set aside for fresh factual verification, leaving the alternative claim open.</description>
    <language>en-us</language>
    <pubDate>Fri, 29 Nov 2013 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 26 Sep 2016 11:19:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=419233" rel="self" type="application/rss+xml"/>
    <item>
      <title>2013 (11) TMI 1635 - ITAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=179647</link>
      <description>Rights acquired on allotment of specific flats, together with continuing payments to the builder, were treated as a capital asset for capital gains purposes, with the holding period counted from the date enforceable rights in the identified property arose rather than from the later registered conveyance. On that basis, the transfer was treated as giving rise to long-term capital gain because the period exceeded thirty-six months. Section 54 relief was considered capable of application to the transfer of such rights, but the factual question whether the capital gains were invested in a new residential house had not been examined. The denial of exemption was therefore set aside for fresh factual verification, leaving the alternative claim open.</description>
      <category>Case-Laws</category>
      <law>Income Tax</law>
      <pubDate>Fri, 29 Nov 2013 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=179647</guid>
    </item>
  </channel>
</rss>