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Capital Gain

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Interplay of Section 45(5A) (JDAs) with RERA & Capital Gains Timing Issues

Income Tax : The article explains how Section 45(5A) shifted the capital gains trigger for landowners from JDA execution to issuance of the com...

May 14, 2026 618 Views 0 comment Print

Unlisted Bonds Lose LTCG Benefit; No Capital Gains Exemption for Depreciable Assets under Income Tax Act 2025

Income Tax : The new law treats gains from depreciable assets as short-term capital gains for all purposes, not merely for computation. This ef...

May 6, 2026 654 Views 0 comment Print

Buyback Tax Reset: Promoter Penalty and New Capital Gains Framework

Income Tax : The reform replaces dividend-based taxation with capital gains to ensure only real income is taxed. It removes the distortion of t...

April 17, 2026 825 Views 0 comment Print

Buyback Tax Reset: Promoter Penalty and New Capital Gains Framework

Income Tax : Establishes that higher tax burdens on promoters under the new regime require companies to reassess payout strategies. The takeawa...

April 16, 2026 681 Views 0 comment Print

Slump Sale Taxation of Branch or Business Transfer: Section 50B, Rule 11UAE, Net Worth, Capital Gains & GST

Income Tax : The distinction between slump sale and itemised asset sale determines how capital gains are taxed. A true slump sale applies Secti...

April 14, 2026 993 Views 0 comment Print


Latest News


India–France DTAA Amended to Grant Source Country Taxing Rights on Share Capital Gains

Income Tax : India and France have signed a protocol granting full taxing rights on capital gains from share sales to the country of company re...

February 24, 2026 1257 Views 0 comment Print

Indexation Removal on LTCG Tax: Govt Clarifies Impact

Income Tax : Govt rationalizes long-term capital gains tax, reducing rates to 12.5% and simplifying holding periods. Relief provided for pre-Ju...

December 27, 2024 5127 Views 0 comment Print

Budget 2024: Section 55 amendment- Cost of Acquisition for Unlisted Shares

Income Tax : Finance Bill 2024 amends Section 55 to include fair market value for unlisted shares in IPOs. Changes apply retroactively from Apr...

July 24, 2024 6678 Views 0 comment Print

Simplified Capital Gains Taxation Regime Introduced in Finance Bill 2024

Income Tax : The Finance Bill 2024 proposes a streamlined and rationalized taxation system for capital gains, with changes including reduced ho...

July 24, 2024 3057 Views 0 comment Print

Budget 2024: Amendment to Section 47 on Capital Asset Transfers

Income Tax : From April 1, 2025, Section 47 will exclude transfers of capital assets under gifts or wills from capital gains tax, with specific...

July 24, 2024 3096 Views 0 comment Print


Latest Judiciary


Bangalore ITAT Grants Relief in Section 50C Addition – DVO Valuation in Co-Owner’s Case Accepted Over Stamp Duty Value

Income Tax : The ITAT ruled that the Assessing Officer wrongly adopted the stamp duty valuation despite contrary valuation material on record. ...

May 20, 2026 159 Views 0 comment Print

Multiple Houses Eligible for Section 54 Relief Prior to 01.04.2015: ITAT Delhi

Income Tax : Delhi ITAT held that before the amendment effective from 01.04.2015, exemption under Section 54 could be claimed for investment in...

May 19, 2026 66 Views 0 comment Print

Section 54 Exemption Allowed as Investment Was Made Within 2 Years Despite No CGDS Deposit

Income Tax : ITAT Indore held that Section 54 exemption cannot be denied merely for failure to deposit capital gains in the Capital Gain Deposi...

May 18, 2026 396 Views 0 comment Print

Chennai ITAT Grants Full Foreign Tax Credit Despite Lower FTC Claim in Form 67 – Procedural Lapse Cannot Defeat Substantive Relief

Income Tax : The Tribunal ruled that delayed filing or incorrect disclosure in Form 67 does not automatically disentitle an assessee from claim...

May 18, 2026 132 Views 0 comment Print

Agricultural Land Also Covered by Section 56(2)(x) – ITAT Upholds Addition Based on DVO Valuation

Income Tax : The Tribunal upheld tax addition where agricultural land was acquired below stamp duty valuation and DVO-determined fair market va...

May 16, 2026 462 Views 0 comment Print


Latest Notifications


Government Expands Bank Network for Capital Gains Accounts

Income Tax : The government has authorised all non-rural branches of 19 banks to operate Capital Gains Account Scheme accounts, enhancing taxpa...

November 19, 2025 1383 Views 0 comment Print

Capital Gains Accounts (Second Amendment) Scheme, 2025

Income Tax : The amendment introduces electronic payment modes for capital gains deposits and clarifies the effective date of deposit. It enhan...

November 19, 2025 2943 Views 0 comment Print

IREDA Bonds: New Long-Term Asset for Section 54EC Tax Exemption

Income Tax : Ministry of Finance notifies IREDA bonds issued post-July 9, 2025, as long-term specified assets under Section 54EC for income tax...

July 9, 2025 1068 Views 0 comment Print

CBDT notifies Cost Inflation Index for F.Y. 2025-26

Income Tax : Ministry of Finance announces amendment to Section 48 of the Income-tax Act, 1961, introducing a new cost inflation index effectiv...

July 1, 2025 17454 Views 2 comments Print

CBDT notifies Cost Inflation Index for Financial Year 2024-25

Income Tax : The Ministry of Finance, through the Central Board of Direct Taxes (CBDT), issued Notification No. 44/2024-Income-Tax on May 24, 2...

May 24, 2024 56679 Views 0 comment Print


Updated Return Can’t Kill Genuine Exemption – ITAT Allows Section 11 Relief Despite Delay

May 4, 2026 489 Views 0 comment Print

The Tribunal held that prior to the 2023 amendment, returns filed within the broader time under Section 139 were eligible for exemption. It ruled that updated returns could not be denied benefits retrospectively.

Section 54 Exemption not eligible on Sale of Open Land Without Building: ITAT Allahabad

May 4, 2026 618 Views 0 comment Print

The tribunal held that selling only open land, even if earlier part of a residential property, does not qualify as transfer of a residential house. Since no building was sold, exemption under Section 54 was rightly denied.

Self-Generated Trademark Before 2002 Not Taxable as Capital Gain Reason Cost of Acquisition Cannot Be Computed

May 4, 2026 195 Views 0 comment Print

High Court held that consideration received on transfer of self-generated trademarks before 1 April 2002 was not taxable as capital gains because no ascertainable cost of acquisition existed, making computation provisions unworkable.

Wrong Section Claim Not Fatal: ITAT Remands Matter & Nullifies Penalty

May 2, 2026 186 Views 0 comment Print

The issue was denial of capital gains exemption due to claim under wrong section. The tribunal held that a genuine claim cannot be rejected merely for citing an incorrect provision and remanded the case.

Share Transfer in Family Arrangement Not Taxable: ITAT Deletes ₹489 Crore Addition

April 29, 2026 1359 Views 0 comment Print

The issue was whether a share transfer without consideration constituted taxable capital gains. The Tribunal held that genuine family realignment is not taxable.

No Capital Gains Tax on Void Sale Deed Executed Through Forged POA: ITAT Ahmedabad

April 29, 2026 2355 Views 0 comment Print

The issue involved taxation of capital gains based on a disputed land sale. The Tribunal held that once the sale deed was declared void, no capital gains could arise.

Penalty U/s 270A Quashed – Failure to Specify ‘Misreporting Limb’ in Notice Held Fatal

April 28, 2026 705 Views 0 comment Print

The issue was whether penalty under Section 270A is valid without specifying the exact charge. ITAT held that absence of a specific limb of misreporting makes the penalty invalid.

Seized Cash Explained from Past Records: ITAT Grants Major Relief, Sustains Only Unproved Portion

April 27, 2026 270 Views 0 comment Print

The Tribunal held that cash disclosed in earlier returns can explain seized cash. It restricted addition to the unexplained portion. Key takeaway: prior disclosures carry strong evidentiary value.

ITAT Mumbai: Section 270A Penalty Quashed – Vague Notice Without Specific Charge Invalid

April 27, 2026 369 Views 0 comment Print

The Tribunal quashed penalty where the AO did not specify the exact limb of misreporting under Section 270A(9). It held that vague notices invalidate penalty proceedings. Key takeaway: specificity is mandatory for penalty levy.

Land classified as agricultural in revenue records cannot be taxed as a capital asset

April 26, 2026 2061 Views 0 comment Print

The issue involved classification of land for capital gains taxation. The Court held that revenue records and evidence of agricultural activity prevail, making the land exempt from capital gains tax.

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