Tribunal held that, as per the will the assessee was not entitle to receive any property. As the assessee had no right title in the property accordingly the some received towards one time settlement cannot be assessed as capital gains . However the amount received by the assessee requires verification hence the matter was remanded . ( AY.2006 -07)
Tarlochan Singh v. ACIT (2018) 170 ITD 171 (Delhi) (Trib.)
S.45: Capital gains- Family settlement – As per the will the assessee was not entitle to receive any property. As the assessee had no right title in the property accordingly the some received towards one time settlement cannot be assessed as capital gains . However the amount received by the assessee requires verification hence the matter was remanded .[ S.2(47) ]