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Security deposited against leased property refundable on completion of tenure cannot be consider as Capital Gain

Case Law Details

Case Name
Bypass Properties Private Ltd. Vs- I.T.O. (ITAT Kolkata)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2007-08
Courts
ITAT Kolkata
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Bypass Properties Private Ltd., Kolkata Vs. ITO (ITAT Kolkata)- As per the alteration of security deposit clause dated 10.11.2006 which was placed at page 67 of the paper book it is observed that the lessee shall keep in deposit and advance which is the lessors a sum of Rs. 21 crores by interest free deposit . Then it was further stated in the said alteration that the amount of security deposit shall not refundable during the continuance of the lease period. Subsequently the lease period has been extended from 21 years to 62 years on 26.03.2007 which was placed at page 66 of the paper book. On...
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