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    <title>2025 (11) TMI 1156 - ITAT MUMBAI</title>
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    <description>ITAT MUMBAI - AT held that amounts received by the assessee for withdrawing a pending civil suit over inheritance of immovable property were capital receipts, not taxable as capital gains. Because the settlement occurred before the HC adjudicated the right to the property, no vested right or transfer of a capital asset under s.2(14) read with s.2(47) arose. Payment was for securing a title free of encumbrances and assurance against pursuing estate claims; therefore the receipt is not chargeable as capital gains and the assessee&#039;s grounds were allowed.</description>
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      <description>ITAT MUMBAI - AT held that amounts received by the assessee for withdrawing a pending civil suit over inheritance of immovable property were capital receipts, not taxable as capital gains. Because the settlement occurred before the HC adjudicated the right to the property, no vested right or transfer of a capital asset under s.2(14) read with s.2(47) arose. Payment was for securing a title free of encumbrances and assurance against pursuing estate claims; therefore the receipt is not chargeable as capital gains and the assessee&#039;s grounds were allowed.</description>
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