https://www.taxtmi.com/caselaws?id=753058 ITAT Hyderabad held that gains from Joint Development Agreement constituted long-term capital gains, not business income. The tribunal applied consistency principle, following coordinate bench decision in connected assessees' cases arising from same JDA. Revenue failed to demonstrate any change in law or facts to justify different treatment. Department must maintain uniform approach for similarly situated assessees under identical agreements. The 2.40% revenue share received by assessee qualified as capital gains. Matter remanded to AO for deciding Section 54F deduction claim with proper hearing opportunity. en-us Fri, 05 Jan 2024 00:00:00 +0530 Thu, 23 May 2024 11:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=753058 ITAT Hyderabad held that gains from Joint Development Agreement constituted long-term capital gains, not business income. The tribunal applied consistency principle, following coordinate bench decision in connected assessees' cases arising from same JDA. Revenue failed to demonstrate any change in law or facts to justify different treatment. Department must maintain uniform approach for similarly situated assessees under identical agreements. The 2.40% revenue share received by assessee qualified as capital gains. Matter remanded to AO for deciding Section 54F deduction claim with proper hearing opportunity. Case-Laws Income Tax Fri, 05 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753058