https://www.taxtmi.com/caselaws?id=297367 A demerger that was only a business reorganisation, with no sale, consideration, or profit-making transfer, did not attract unearned increase under the perpetual lease deed. The lease clause was aimed at sale, transfer, assignment, or parting with possession so the lessor could recover part of the lessee's profit, and the applicable policy did not extend to a demerger within the same business group. The court distinguished precedent on amalgamation because it involved different facts and a different basis of transfer. The demand and notice for unearned increase were therefore unsustainable, and relief was granted against them. en-us Wed, 30 Apr 2014 00:00:00 +0530 Tue, 31 Aug 2021 22:17:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297367 A demerger that was only a business reorganisation, with no sale, consideration, or profit-making transfer, did not attract unearned increase under the perpetual lease deed. The lease clause was aimed at sale, transfer, assignment, or parting with possession so the lessor could recover part of the lessee's profit, and the applicable policy did not extend to a demerger within the same business group. The court distinguished precedent on amalgamation because it involved different facts and a different basis of transfer. The demand and notice for unearned increase were therefore unsustainable, and relief was granted against them. Case-Laws Indian Laws Wed, 30 Apr 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297367