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Income Tax - Highlights / Catch Notes

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Capital gain u/s 45 - capital gain on surrender of leasehold ...


Surrender of Leasehold Rights Deemed Transfer of Capital Asset, Taxable as Capital Gains Under Income Tax Act.

March 5, 2024

Case Laws     Income Tax     AT

Capital gain u/s 45 - capital gain on surrender of leasehold right - Transfer u/s 2(47) or not? - The Tribunal held that, the act of these assessees in not disclosing the actual intent and purpose of surrender of lease deed to Government authority and withholding material information regarding their proposal/MOU with CGPL does not make their act of surrender voluntary - ITAT upheld the CIT(A)'s decision that the surrender of leasehold rights constituted a transfer of a capital asset, making the consideration received taxable as capital gains.

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