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    <title>Appeal allowed: Share sale treated as capital gains, s.28(va) not applicable; compute LTCG, consider ss.54F and 54EC</title>
    <link>https://www.taxtmi.com/highlights?id=94268</link>
    <description>The ITAT allowed the appellant&#039;s appeal, holding that the consideration received on sale of shares constituted capital gains rather than business income; s.28(va) did not apply because no distinct non-compete consideration was allocated and the vendor was not engaged in the target company&#039;s business. The Tribunal relied on family-transaction parity and precedent treating similar transfers as capital gains. The AO was directed to compute long-term capital gain on the aggregate sale consideration of Rs. 18.42 crore (12389 shares Ã— Rs.14,869), to verify entitlement to deductions under ss.54F and 54EC and any set-off of capital losses, and to grant relief in accordance with law. Appeal allowed.</description>
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    <pubDate>Tue, 18 Nov 2025 08:42:58 +0530</pubDate>
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      <title>Appeal allowed: Share sale treated as capital gains, s.28(va) not applicable; compute LTCG, consider ss.54F and 54EC</title>
      <link>https://www.taxtmi.com/highlights?id=94268</link>
      <description>The ITAT allowed the appellant&#039;s appeal, holding that the consideration received on sale of shares constituted capital gains rather than business income; s.28(va) did not apply because no distinct non-compete consideration was allocated and the vendor was not engaged in the target company&#039;s business. The Tribunal relied on family-transaction parity and precedent treating similar transfers as capital gains. The AO was directed to compute long-term capital gain on the aggregate sale consideration of Rs. 18.42 crore (12389 shares Ã— Rs.14,869), to verify entitlement to deductions under ss.54F and 54EC and any set-off of capital losses, and to grant relief in accordance with law. Appeal allowed.</description>
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      <pubDate>Tue, 18 Nov 2025 08:42:58 +0530</pubDate>
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