Capital gain on transfer of development rights (TDR) - since the ...

Court Rules Section 50C Inapplicable: TDRs Not Land Transfers, Incorrect Long-Term Capital Gain Computation by AO.

December 4, 2020

Case Laws     Income Tax     AT

Capital gain on transfer of development rights (TDR) - since the impugned capital asset transferred by the assessee upon which long term capital gain has been computed by the AO is on account of transfer of Development Rights in the land of the assessee. The land itself has not been transferred by the assessee. Thus, in our opinion provisions of section 50C have been wrongly applied upon the impugned transaction. - AT

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