Capital Gain - Page 3

Gain on Sale of right to obtain flat- LTCG or STCG?

ITO (International Taxation) Vs Monish Kaan Tahilramani (ITAT Mumbai)

ITO (International Taxation) Vs Monish Kaan Tahilramani (ITAT Mumbai) The only surviving question that arise for consideration is manner of computation of the gains. It is noted that the assessee has paid upfront payment to the extent of 5% upon allotment and the balance payment has been spread over by way of installment during the [&hell...

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Income from shares is capital gain if shares been held as investment with intention of Investment

ACIT Vs Shri Finance (ITAT Delhi)

Where the assessee had clear intention of being an investor and had held shares by way of investment, assessee was to be treated as investor and any gain arising out of transfer of shares was to be treated as ‘capital gain’ and not ‘business income’....

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LTCG under Grandfathering Provisions

The Finance Bill 2018 reintroduced tax on LTCG made from listed shares and equity-oriented mutual funds. With Effective 1 April 2018, LTCG arising from the sale of these shares and equity oriented funds that are held for more than 12 months are taxable at the rate of 10% if such LTCG exceeds Rs.1 lakh in the given Financial […]...

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Posted Under: Income Tax |

Grand Father Rate / NAV of all Mutual Funds as on 31st Jan 2018

1. Since 1 April, 2018, long-term capital gains (LTCG) made on redemption of equity mutual funds have been subject to 10% tax. 2. The tax is applicable on LTCG made by the investor over and above Rs 1 lakh a year. 3. However, the LTCG made till 31 January, 2018, have been grandfathered, so the […]...

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Posted Under: Income Tax |

Capital Gain Tax on Joint Development Agreement

Introduction What is Joint Development Agreement? An agreement between a landowner and a real estate developer to construct new projects is called a Joint Development Agreement. In a joint development the capital, the builder carries out construction and legal work whereas the landowner provides the land. Background Under the existing pro...

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Posted Under: Income Tax |

No Capital Gain Tax on Sale of accrued FSI/TDR rights to developers

ITO Vs Mr. Deepak Talakshi Shah (ITAT Mumbai)

ITO Vs Mr. Deepak Talakshi Shah (ITAT Mumbai) Hon’ble Bombay High Court in the case of CIT vs. Sambhaji Nagar Co-op. Hsg. Society Ltd.  has held that in case of sale of FSI/TDR rights by the assessee to the developers which have accrued in favour of the assessee following promulgation of Development Control Rules for […]...

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Retiring partner to pay capital gain tax on excess amount received against Capital A/c

Savitri Kadur Vs DCIT (ITAT Bangalore)

Savitri Kadur Vs DCIT (ITAT Bangalore) Conclusion: When the partnership firm paid lump-sum amount to retiring partner, it was paid in consideration of her retirement in the partnership and assignment of her interest to other partners, the transaction would amount to transfer u/s 2(47) and liable to tax excess amount over partner’s c...

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Taxability of agricultural income Vs. transfer of agricultural land

The various items of income referred to in the different clauses of section 10 are excluded from the total income of an assessee. These incomes are known as exempted incomes.  Consequently, such income shall not enter into the computation of taxable income. 1. AGRICULTURAL INCOME Agricultural income [Section 10(1)] Section 10(1) provide...

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Posted Under: Income Tax |

Transfer of land would be treated as capital asset instead of stock in trade if no construction or business activity carried on same

M/s. AJB Developers Pvt. Vs DCIT (ITAT Delhi)

Where land was stock in trade in the books of account, but, there was a complete bar on assessee as per the Notification of the Ministry of Defence to raise any construction or to do any business activity therein, the land in question could not not be treated as stock in trade but as a capital asset in nature determining holding period fr...

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Entering into Registered JDA is transfer under section 2(47)

Shri. Damodar Reddy Vs ITO (ITAT Bangalore)

Since assessee along with his mother and siblings entered into a JDA with M/s. S, which was a registered document, therefore, on entering into JDA, there was a 'transfer' as per section 2(47) and consequently capital gain was attracted....

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