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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 615 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 645 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 678 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 981 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 5115 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 3048 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 3093 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 153 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 393 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 129 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 459 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 2937 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 1062 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 17448 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


No 143(2) Notice, No Reassessment: ITAT Quashes Proceedings Despite Delayed ITR

April 4, 2026 747 Views 0 comment Print

The Tribunal held the assessment invalid as no mandatory notice under Section 143(2) was issued. The key takeaway is that absence of such notice renders the entire assessment void.

Section 54F Claim Revived – ITAT Allows Fresh Chance to Prove Construction with Additional Evidence

April 4, 2026 450 Views 0 comment Print

The tribunal ruled that rejection of Section 54F deduction was premature as the assessee later produced relevant documents. It directed reassessment to verify evidence and ensure proper hearing.

Fresh Claim of Section 54F Cannot Be Rejected Mechanically – ITAT Remands for Reconsideration

April 3, 2026 582 Views 0 comment Print

The issue was denial of deduction under Section 54F as a fresh claim not made in return. The ruling remanded the matter, holding such claims can be examined if supported by facts.

Agricultural Land Capital Gain Addition Deleted in absence of development or trading intent

April 3, 2026 783 Views 0 comment Print

The issue involved denial of exemption on sale of agricultural land. The Tribunal held that the land met conditions of Section 2(14)(iii), making gains non-taxable. The case examined whether land sale constituted business income. The Tribunal ruled that absence of development or trading intent invalidated such classification.

Reassessment Invalid as AO Failed to Issue 143(2) Notice After Belated Return

April 2, 2026 1128 Views 0 comment Print

ITAT held that a return filed under section 148 remains valid even if delayed. Failure to issue mandatory notice under section 143(2) makes reassessment void.

ITAT Quashes Reassessment for Missing Sec 143(2) Notice even after Section 148 Return

April 2, 2026 897 Views 0 comment Print

ITAT held that reassessment without issuing notice under Section 143(2) is invalid, even if return was filed late. The ruling emphasizes that issuance of notice is mandatory and absence of it makes the assessment void.

Section 54F Relief Allowed in Reassessment: ITAT Treats JDA Flats as Investment

April 2, 2026 930 Views 0 comment Print

ITAT ruled that deduction under Section 54F can be raised during reassessment if it relates to the income under scrutiny. The case clarifies that reassessment scope includes such connected claims.

Capital Gains Taxability under Income-tax Act, 1961

April 2, 2026 14580 Views 0 comment Print

The issue concerns when capital gains become taxable under the law. The framework clarifies that gains are taxed in the year of transfer, with exceptions for specific cases like compensation and conversions. The key takeaway is that timing of transfer is central to determining tax liability.

Huntsman Investment [Netherlands] BV: When Does a Buy-Back Become a Corporate Reorganisation

April 1, 2026 768 Views 0 comment Print

The tribunal held that capital gains from share buyback are not taxable in India under treaty provisions. It clarified that such transactions qualify as corporate reorganisation. The key takeaway is that DTAA benefits override domestic tax provisions when more beneficial.

Clerical Error Can’t Inflate Tax-ITAT Orders Rectification of Double STCG Addition

April 1, 2026 297 Views 0 comment Print

The tribunal found that STCG may have been counted twice, inflating taxable income. It directed verification and recomputation by the Assessing Officer. The ruling highlights correction of computational errors.

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