The Real Estate (Regulation and Development) Act, 2016 has fastened huge liabilities on the Promoter of a real estate project. In a plain vanilla transaction, a builder is liable as a promoter for any breach of agreement with unit buyer or for delay in the completion of the project.
The AAAR has not considered that the concept of GST is based upon the value added tax. While collecting the reimbursement of expenses for the common facilities and services, there is no element of any value addition. Hence, any interpretation against the basic philosophy of the tax is not tenable.
The Apex Court has finally provided closure to one of the most litigatious aspect of the Income Tax statute. While deciding the appeal in the case of Seshasayee Steels (P.) Ltd v. ACIT [2020] 115 taxmann.com 5 (SC), the Apex Court has interpreted section 2(47) of the Income Tax Act, 1961 which defines the term […]
The recent decision of the apex court in the case of CIT v. Laxman Das Khandelwal [2019] 108 taxmann.com 183 (SC) has once again brought to fore the debate on validity of jurisdiction acquired by the income tax department to a proceedings under the Act due to express or implied consent of the assessee to such […]
The issue of levy of GST on development agreements has always been a bone of contention between the revenue department and the persons liable to pay GST on such transactions being the developer and the landowner. The challenge to the levy arises on the following issues: 1. Whether execution of development agreements between land owner […]
The RERA Act came into effect from May 2016. Consequent thereto the State of Maharashtra notified the applicability of various provisions of the said Act from 1st May 2017. MahaRERA was constituted by the state of Maharashtra as an authority for enforcing the various provisions of the said Act. As soon as the said authority […]
In the case of Pr. CIT versus Chawla Interbild Construction Company Private Limited (2019) 412 ITR 152 (Bom.), the hon’ble Bombay High Court has reiterated an important principle regarding burden of proof which lay on the assessee to prove the genuineness of the transaction. The Court has held that the assessing officer cannot compel the […]
On 29th March, 2019 the Government has issued various notifications under CGST (rate) which have brought in substantial Change in the mode and manner of levying GST on the real estate transactions. Some of the major changes are: 1. The rate of GST for the flat purchaser has been reduced to 1% for affordable housing […]
Introduction: Computation of Capital gain has always been a complex provision under the Income-tax Act. New controversies are created dime a dozen merely because the amounts involved are usually large in case of capital gain assessments. A controversy arises where the purchaser of the land makes payment to seller for the land and further makes […]
The sanctity of the approval of the higher authority cannot be countenanced under the Income Tax Act 1961. The legislature has provided for many kind of safeguards against the action taken by the field officers one of them being in the form of approval from higher authority. One such approval is provided under section 151 […]
