InterGlobe Aviation Ltd. (IndiGo) v. ACIT (2021) 191 ITD 1/(2022) 216 TTJ 265 / 95 ITR 586/ 211 DTR 233(SB) (Delhi)(Trib.)

S. 48 : Capital gains-Computation-Assignment of rights-No consideration was received from lessor-Not taxable as capital gains. [S. 45]

Assessee purchased 34 aircrafts and thereafter assigned its rights to purchase remaining aircrafts in favour of lessors who had thereafter purchased and given aircrafts on operating lease to assessee.  The Assessing Officer assessed the capital gain on notional basis. On appeal the Tribunal held that there was no sale consideration received by assessee and credits received from IAE would not be taxable as capital gains.  (AY. 2012-13)