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Income Tax - Highlights / Catch Notes

Home Highlights August 2019 Year 2019 This

Taxability of compensation for giving-up of the litigation for ...


Compensation for relinquishing "right to sue" over land not taxable as capital gains under Indian law, per Section 45.

August 17, 2019

Case Laws     Income Tax     AT

Taxability of compensation for giving-up of the litigation for land - right to sue - there could not be any transfer of a "right to sue" under Indian Law and any capital receipt arising from a right to sue cannot thus be considered capital gains u/s 45 and the cost of the said right being indeterminable - capital receipt not being part of sales consideration

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