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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 996 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 399 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 465 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 17457 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


Gain from Sale of Land (Shown as Investment in Books) is taxable as Capital Gain

March 23, 2022 4971 Views 0 comment Print

Hariom Associates Vs ITO (ITAT Pune) It is seen that the assessee purchased the land in the financial year ending 31-03-2006. Development expenses amounting to Rs.2.00 lakh were also incurred in that year. Before the close of the year ending on 31.3.2006, the assessee came to know about a litigation going-on on this plot. Development […]

A Comprehensive Guide to Tax on Sale of Securities

March 22, 2022 20409 Views 1 comment Print

Everyone knows that Income from salary, rental income and business income is taxable under their respective heads. But what about income from sale or purchase of securities? Many stakeholders which includes homemakers, retired people, youth, working professionals spend their time gainfully buying and selling securities but are unsure of how this income is taxed. The […]

Whether Nazarana paid to State Govt would be cost of acquisition?

March 20, 2022 3768 Views 0 comment Print

Late Shri Saifulla Abubakar Inamdar Legal Heir Vs ITO (ITAT Pune)  Firstly, it is relevant to mention that the assessee did not take up the issue of Inami land before the AO. It was for the first time that the assessee raised this issue before the ld. CIT(A) contending that in the absence of any […]

No Income Tax on Compensation for compulsory acquisition of land under RFCTLARR Act

March 20, 2022 88617 Views 0 comment Print

Mattapalli Ram Kumar Vs ACIT (ITAT Vishakhapatanam) It is undisputed fact that the assessee had received compensation of Rs.1,33,88,000/- under compulsory acquisition of land under RFCTLARR Act. The Ld. Counsel for the assessee has heavily relied on the Circular 36/2015 dated 25.10.2016 issued by the CBDT, wherein, it was mentioned that income tax shall not […]

Tax on right to receive Compensation/damages for release of right to sue

March 20, 2022 12585 Views 2 comments Print

Whether right to receive Compensation/damages for release of right to sue on account of breach of contract for sale of Land is chargeable to tax in the hands of recipient as Capital gains?

Transfer of Assets under JDA: HC upheld guidance value of land as mode for determination of full value of consideration

March 13, 2022 2631 Views 0 comment Print

PCIT Vs Smt. Sarojini M. Kushe (Karnataka High Court) In the present case, Assessing Officer has adopted the rate of Rs. 1600/- per square feet merely based on the letter given by the developer which is not supported with any particulars. It cannot be ruled out the possibility of the developer giving an inflated figure […]

No capital gains tax on sale of TDRs in absence of cost of acquisition

March 11, 2022 13257 Views 1 comment Print

ITO Vs Kirit Raojibhai Patel (ITAT Mumbai) Sale of transferable development rights did not attract capital gains tax since the cost of acquisition for the same did not exist. Held: AO held that transferable development rights (TDRs) arising out of an existing land was an immovable property, the transfer of such TDRs amounted to transfer […]

Date of Possession of Flat to be taken for Section 54F exemption

March 8, 2022 3684 Views 0 comment Print

Shri Yogesh Jhingan Vs DCIT (Central) (ITAT Indore) Since the addition in the instant appeal crops out of the issue referred above pertaining to A.Y. 2008-09, we will have to examine the correctness of the claim made by the assessee u/s 54F of the Act for A.Y. 2008-09. As far as sale of land is […]

No capital gain if developer was allowed to enter property for mere construction under JDA

February 28, 2022 3945 Views 0 comment Print

Income Tax dispute: Anugraha Shelters challenges capital gain assessment. Joint Development Agreement not treated as possession under sec.53A of Transfer of Property Act.

Year of Indexation & Cost of Acquisition in case of bequeathed Property

February 25, 2022 5631 Views 0 comment Print

Rohan Developers Pvt. Ltd. Vs ITO (Bombay High Court) According to petitioner, under Section 49(1)(ii) of the Act, cost of acquisition of the said property in the hands of seller is deemed to be the cost for which the said property was acquired by late Mrs. Dolly Jehangir Gazdar. It is also petitioner’s case that […]

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