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    <title>2025 (12) TMI 1768 - ITAT MUMBAI</title>
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    <description>The dominant issue was whether the assessee&#039;s redeveloped residential flat was a short-term or long-term capital asset for purposes of exemption under s. 54, i.e., the correct date of acquisition for computing the holding period. The Tribunal held that the assessee&#039;s rights crystallized on the allotment of the redeveloped flat and related agreement, and the redevelopment was a continuation of ownership from the original flat, not a fresh purchase; payment of later instalments or construction completion/possession could not shift the acquisition date, consistent with binding jurisdictional HC precedent. As the holding period exceeded 36 months before sale, the gains were assessed as long-term capital gains, and the addition as short-term capital gain was deleted; the appeal was allowed.</description>
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    <pubDate>Mon, 29 Dec 2025 00:00:00 +0530</pubDate>
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      <title>2025 (12) TMI 1768 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=784228</link>
      <description>The dominant issue was whether the assessee&#039;s redeveloped residential flat was a short-term or long-term capital asset for purposes of exemption under s. 54, i.e., the correct date of acquisition for computing the holding period. The Tribunal held that the assessee&#039;s rights crystallized on the allotment of the redeveloped flat and related agreement, and the redevelopment was a continuation of ownership from the original flat, not a fresh purchase; payment of later instalments or construction completion/possession could not shift the acquisition date, consistent with binding jurisdictional HC precedent. As the holding period exceeded 36 months before sale, the gains were assessed as long-term capital gains, and the addition as short-term capital gain was deleted; the appeal was allowed.</description>
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      <pubDate>Mon, 29 Dec 2025 00:00:00 +0530</pubDate>
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