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Section 56(2)(x) Cannot Tax Redevelopment Flat Before Possession: ITAT Mumbai

Case Law Details

Case Name
Manoj Devshichhadva Vs ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
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Manoj Devshichhadva Vs ITO (ITAT Mumbai) Section 56(2)(x) Cannot Tax Redevelopment Flat Before Possession: Alternate Accommodation Is Not Received Without Consideration The Mumbai ITAT held that section 56(2)(x) cannot be invoked merely because a redevelopment agreement has been executed and registered, where the redevelopment project is incomplete and the assessee has not received possession of the permanent alternate accommodation. The Tribunal observed that the charging provision under section 56(2)(x) is attracted only when an assessee actually “receives” an immovable property ...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,744

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