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Income Tax - Highlights / Catch Notes

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LTCG - Receipt of additional amount towards TDR - treatment to ...

Income Tax

April 25, 2024

LTCG - Receipt of additional amount towards TDR - treatment to receipt of consideration the appellant ceased to be the owner of the property - compensation received for settlement of dispute in respect of allotment of Flat - The amount paid to the appellant for TDR should be considered as payment for the developmental rights, thus qualifying as Long Term Capital Gain (LTCG). The High Court dismisses the Revenue's argument that the appellant ceased to be the owner of the property after receiving consideration. It rules that the appellant's ownership remained intact, and the amount received for additional TDR should be treated as LTCG.

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