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    <title>1984 (4) TMI 5 - KERALA High Court</title>
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    <description>The court held that the sale proceeds of the import entitlement constituted profits or gains taxable under section 28 of the Income-tax Act, 1961. The court considered the nature of the entitlement as a right directly related to the business activities of the petitioner, capable of being valued in money. It was determined that the sale of this right was not a capital asset but rather a benefit arising from business, falling within the scope of section 28. As a result, the Commissioner of Income-tax&#039;s decision to include the amount in the total income of the assessee was upheld, and the original petition was dismissed.</description>
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    <pubDate>Tue, 24 Apr 1984 00:00:00 +0530</pubDate>
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      <title>1984 (4) TMI 5 - KERALA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=26147</link>
      <description>The court held that the sale proceeds of the import entitlement constituted profits or gains taxable under section 28 of the Income-tax Act, 1961. The court considered the nature of the entitlement as a right directly related to the business activities of the petitioner, capable of being valued in money. It was determined that the sale of this right was not a capital asset but rather a benefit arising from business, falling within the scope of section 28. As a result, the Commissioner of Income-tax&#039;s decision to include the amount in the total income of the assessee was upheld, and the original petition was dismissed.</description>
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      <pubDate>Tue, 24 Apr 1984 00:00:00 +0530</pubDate>
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