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2015 (12) TMI 827 - HC - Income TaxReceipt arising on transfer of TDER - whether are not taxable under the head 'Capital Gains'? - Whether the Tribunal was justified in law in allowing the appeal of the assessee by holding that there was no cost of acquisition of the TDR and thereby not subjecting the sum to Capital Gain Tax holding that the receipt arising on transfer of TDR are not taxable in the hands of the society? - Held that:- The questions as formulated by the Revenue stands concluded against the Revenue and in favour of the Assessee by the decision of this Court in CIT v/s. Sambhaji Nagar Cooperative Housing Society Ltd. [2014 (12) TMI 1069 - BOMBAY HIGH COURT ] - Tribunal was correct in holding that the receipt arising on transfer of TDER are not taxable under the head 'Capital Gains'. - Decided in favour of assessee
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