applicable only qua sale of flats/building
units wherein undivided share in land is transferred along with
constructed flats/units without separate consideration being fixed ... such
rules expressly provided for deduction of amount charged for land or
undivided share of land. Clause (ii) of Rule 2A provided for lumpsum
deduction
owner of 50% undivided share of the
property. The learned counsel stated that as the 50% undivided share
holder of the land, the second defendant ... petitioner/Loganathan to alienate the share of the minors in the 50%
undivided share in the lands which measured to a total extent
undivided share of land and pay to the OWNER the cost of the land as per the sale deeds of undivided share of land registered ... land as specified in the sale deed of undivided share of land in favour of the proposed purchasers."
5. In terms of the agreement
total capital gains arising on the sale of undivided shares in the interest of land and building constructed thereon, as short-term capital gains, when ... assessing the capital gains arising out of sale of undivided shares in the interest of land and building constructed thereon, separately, where the capital gains
consideration of transfer of 55% of the undivided share of land,
the assessee will get 45% of the super built up area ... owners undertake to convey or transfer
55% of the undivided share of land to the developer or their
nominees and grant the developers the exclusive
with proportionate undivided share in the property and the owners/applicants defendants 2 to 5 agreed to convey the proportionate undivided share to the first ... agreed at Rs.1,50,00,000/- for the undivided share of land and Rs.5,44,75,000/- towards cost of construction. The plaintiff
claimed, as the assessee has claimed depreciation
on undivided share of land treating them as cost paid towards building.
8. The CIT(A) ought ... ground of the Revenue is with regard to depreciation on undivided
share of land treating them as cost paid towards building.
7.1 The facts
gain on
relinquishment of rights under an agreement to purchase undivided share
of land and construction agreement, as income under the head "Income
from ... dated 2.5.2012 whereby he agreed to sell 1746.30 Sq.ft. undivided share of
land of property for a consideration of Rs.5 Crores. The Assessee
submits that the Plaintiff is entitled to conveyance of
proportionate undivided share of the land and the defence of absence
of clarity of area ... super built up area there is ambiguity qua the
proportionate undivided share of land to be conveyed, which
is incapable of specific performance?
(v) Whether
submits that the Plaintiff is entitled to conveyance of
proportionate undivided share of the land and the defence of absence
of clarity of area ... super built up area there is ambiguity qua the
proportionate undivided share of land to be conveyed, which
is incapable of specific performance?
(v) Whether
