India: Damages received for failure of property development contract not taxable as capital gains (tribunal decision)
The Tribunal concluded that the right relinquished constituted a “mere right to sue,” which is not a capital asset.
The Mumbai bench of the Tribunal held that the damages received by the taxpayer arising from the failure of a property development contract were not subject to capital gains tax.
The case is: DCIT v. Ramesh Ravji Chheda
The Tribunal rejected the tax authority’s contention that the damages were received in exchange for the relinquishment of substantial rights in real property and concluded that the right relinquished constituted a “mere right to sue,” which is non-transferable under the Transfer of Property Act and cannot be treated as a capital asset subject to capital gains tax.
Read a May 2025 report prepared by the KPMG member firm in India