Kunal R. Gupta v. ITO ( SMC) (Mum)(Trib) , www.itatonline.org

S. 45: Capital gains -Index cost -Family arrangement- Family settlements entered into bona fide to maintain peace and harmony in the family are valid and binding on the authorities- Consideration received as part of family arrangement cannot be assessed as income from other sources [ S. 48, 49 ,54 ,56 ]

Allowing the appeal of the assessee the Tribunal held that ; It is not necessary for the validity of a family arrangement that there must be existing legal claims & disputes between the family members. The possibility of future disputes is sufficient. Family settlements entered into bona fide to maintain peace and harmony in the family are valid and binding on the authorities. Consideration received as part of family arrangement cannot be assessed as income from other sources . Indexation was held to be allowable and exemption u/s 54 of the income -tax Act .( ITA No. 5768/Mum/2017. Dt. 28.02.2018)(AY. 2012-13)