transferor

Q.1 The amended section 6A of CST Act, 1956 requires the transferor branch to obtain ‘F’ form from the transferee branch and on failure to obtain the same the transaction is presumed to be sale. Whether such amendment can be said to be constitutionally valid, as it may amount to levy of tax on Consignment? Full Article

The applicant, a USA company, held shares in an Indian company. As part of a bankruptcy reorganization process, the shares in the Indian company together with other non-Indian assets & liabilities were transferred to other USA companies. The liabilities taken over were more than the assets. The agreement provided that the transfer of the shares was without consideration. The AAR had to consider (i) whether the liabilities of the transferor taken over by the transferee co.. Full Article

Allowability of exemption under section 54EC of IT Act, 1961 When there is no bar to take possession by an agreement and transfer can be treated to have taken place on the basis of an agreement and advance payments deposited in specified bonds as required under section 54EC, simply because the sale deed was executed later on, the assessee cannot be charged with default of violation of the provision of section 54EC. Full Article

1. Question: What is “property”? Answer: Property implies a bundle of rights over a thing. The scope of such rights is variable and can extend to excluding everyone else from interfering with his enjoyment of that thing. Full Article

SUMMARY OF CASE LAW Deduction under section 80HHF does not hinge upon production of film software, but it essentially involves the element of export or transfer by any means of film software, outside India; mere allotment of IEC does not ipso facto leads to the conclusion that the assessee transferred software outside India. Full Article

Many co-operative housing societies collecting transfer premium from the transferee would heave a sigh of relief by the Mumbai High Court decision dated 17th July, 2009. So far the income tax authorities in the State of Maharashtra and the Mumbai Tribunal were following the Mumbai Special Bench Decision in the case of Walkeshwar Triveni CHS wherein it [...] Full Article

SUMMARY OF CASE LAW The relationship between the assessee-airlines and the travel agent is one of principal and agent; the supplementary commission which is the amount retained by the travel agent is commission within the meaning of section 194H read with Explanation (i) to the said section; the difference between the full value of the [...] Full Article

Avaya Global Connect vs. ACIT (ITAT Mumbai) - Where the assessee transferred its undertaking under a scheme of demerger which provided that neither the assessee nor its shareholders would receive any consideration from the transferee company as the value of the liabilities taken over were more than the value of the assets taken over and the assessee treated the difference between the said liabilities and assets as a capital reserve and the question arose whether such dif.. Full Article