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ITAT permits capital gains deduction for expenses tied to unlisted share sales
Originally reported by Taxscan as: Exclusively for Carrying Out the Transaction of Sale of Unlisted Equity Shares: ITAT allows appeal
27 Oct 2026, 10:09 am IST · Xecute.finance News Desk
The crisp read
The tribunal ruled that costs closely connected to transferring a capital asset qualify for relief. In the matter of Kaushalya Devi versus CIT, the bench confirmed that expenses exclusively linked to executing the sale of unlisted equity shares are deductible under Section 48(i).
Why it matters: CAs handling capital gains calculations must evaluate direct transactional links to secure valid deductions under Section 48(i).
Deep dive - the full story
In the matter of Kaushalya Devi versus CIT, the tribunal examined whether specific outlays connected to asset sales qualify for relief under the tax statute. The ruling established that expenditure incurred with an inextricable link and close nexus to the transfer of a capital asset qualifies for deduction under Section 48(i) of the Act. This statutory provision permits taxpayers to deduct specific costs directly related to the transfer when computing their taxable capital gains.
This decision clarifies the scope of allowable outlays when dealing with the liquidation of private company holdings, ensuring that transaction-specific costs are not disallowed arbitrarily. For finance professionals, establishing a clear connection between the incurred expense and the actual asset transfer is essential for claiming this relief correctly during tax assessments.
Taxpayers and practitioners should review documentation for unlisted share transactions to ensure all costs directly tied to the transfer are properly accounted for under Section 48(i). Watch for further departmental clarifications regarding documentation standards for establishing the required nexus during similar scrutiny proceedings.
Source: taxscan.in
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