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Taxability of Real Estate transactions

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Transformation <strong>of</strong> an<br />

asset<br />

• Assessee books a flat with DDA/ becomes<br />

member <strong>of</strong> a CGHS in 2001<br />

• Possession <strong>of</strong> the flat is given to the<br />

assessee in 2003<br />

• Flat sold in 2005<br />

• Capital gain; whether long term or short<br />

term<br />

Flat is only an incidental right flowing from the<br />

shareholding in the CGHS<br />

vs Jindas Parchand Gandhi (2005) 279 ITR 552<br />

(Guj)<br />

CIT vs

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