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    <title>2018 (6) TMI 1872 - ITAT MUMBAI</title>
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    <description>Residual development rights and the right to load TDR arising from a construction project were treated as business assets linked to stock-in-trade, not capital assets; accordingly, section 50C did not apply. The later insertion of section 43CA was noted as consistent with the view that valuation rules for capital assets could not govern business assets for the relevant assessment year. In the alternative, no capital gains could be charged because the cost of acquisition of the TDR rights was not ascertainable, and the computation machinery for capital gains could not operate. The transfer addition was therefore deleted and the assessee&#039;s appeal was allowed.</description>
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      <title>2018 (6) TMI 1872 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=468230</link>
      <description>Residual development rights and the right to load TDR arising from a construction project were treated as business assets linked to stock-in-trade, not capital assets; accordingly, section 50C did not apply. The later insertion of section 43CA was noted as consistent with the view that valuation rules for capital assets could not govern business assets for the relevant assessment year. In the alternative, no capital gains could be charged because the cost of acquisition of the TDR rights was not ascertainable, and the computation machinery for capital gains could not operate. The transfer addition was therefore deleted and the assessee&#039;s appeal was allowed.</description>
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