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Income Tax - Highlights / Catch Notes

Home Highlights November 2023 Year 2023 This

Characterization of receipts - transfer of shares - Business ...

Case Laws     Income Tax

November 8, 2023

Characterization of receipts - transfer of shares - Business income or capital gains - CIT(A) did not go deep into the part of the consideration relatable to transfer of shares. He simply applied the magic wand and held that 10% of the consideration was towards non-compete and termination of role of the assessee in management. - the exercise of attributing sale consideration to the shares and the negative covenants is required to be done afresh by the AO. - AT

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