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2015 (11) TMI 303 - BOMBAY HIGH COURT

2015 (11) TMI 303 - BOMBAY HIGH COURT - TMI - Receipt arising on assignment of TDR - whether not taxable in the hands of the assessee society? - whether the appellant society is the legal and beneficial owner of the land and the FSI is available to the society and therefore, the right to construct additional built up area on the land belonged to the appellant society and not with its members ? - Held that:- the issues arising herein stand concluded in favour of the respondent-assessee and agains .....

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'Tribunal'). The appeal relates to the Assessment Year 2004-05. 2. This appeal was admitted on 29 January 2013 on the following substantial questions of law: "a) Whether on the facts and circumstances of the case and in law the Tribunal was correct in holding that receipt arising on assignment of TDR are not taxable in the hands of the assessee society without appreciating the fact the appellant society is the legal and beneficial owner of the land and the FSI is available to the so .....

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