Capital rcpt or capital gain?


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Querist : Anonymous

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Querist : Anonymous (Querist)
13 September 2010 Person X has a inherited property. a person Y sells without X consent. X moves to court. buyer Z offers out of court settlement. X accepts.

is that settlement/compensation taxable? can it called capital rcpts and exempt from tax? or is it liable to CG?

if any case laws avail share it with ur views.

13 September 2010 It shall be considered as sale transfer of property and hence Capital Gain will be applicable.

This shall be considered settlement and not as compesation because compensation is received under any law but this amount is not received under any law. But its a normal deal outside the court.



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