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Income Tax

Amount payable on fulfilment of conditions has to be excluded while computing capital gains

Case Law Details

Case Name
Late Shri Gordhandas S. Garodia Vs. Dy. Commissioner of Income Tax (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2010- 11
Advertisement Late Shri Gordhandas S. Garodia Vs. DCIT (ITAT Mumbai) A plain reading of section 45 of the Act would suggest that any profit or gain arising from transfer of a capital asset shall be deemed to be the income of the assessee of the relevant previous year, wherein, such transfer takes place. Thus, as per this provision, taxability of capital gain would depend upon arising of profit from transfer of a capital asset. Section 48 of the Act which provides the mode of computation of capital gain says that income chargeable under the head capital gain shall be computed by reducing cer...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,864

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