Even part performance of contract in case of JDA attracts capital gain tax
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Even part performance of contract in case of JDA attracts capital gain tax

Case Law Details

Case Name
K. Vijaya Lakshmi Vs Asst. Commissioner of Income Tax (ITAT Hyderabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2009-10
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K. Vijaya Lakshmi Vs Asst. (ITAT Hyderabad)  As far as the issue of bringing to tax the capital gains during the year, it was the contention of assessee that possession was not given and assessee retained possession of the property thereby the capital gains arises in the year in which the new flats were handed over. Ld. Counsel in his arguments, elaborately read out various portions of the agreement to substantiate assessee’s claim, whereas the Ld.DR relied on various other clauses to state that possession was handed over. As far as the development agreement is concerned, it is noticed that...
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