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Income Tax - Highlights / Catch Notes

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Long-term capital gains - receipts by the assessee as per the ...

Income Tax

June 3, 2023

Long-term capital gains - receipts by the assessee as per the consent decree passed by the Hon”ble Bombay High Court - suit for specific performance of the Agreement to Sell - main allegation of the Revenue that the amount paid to the assessee is not in lieu of “right to sue”, rather the same was paid to the assessee since it transferred/sold its rights/interest in the property - pursuant to the consent decree in a suit for specific performance amount was paid, therefore, the said amount cannot be said to be liable to capital gains tax. - AT

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