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Taxation of joint development agreement

Income Tax : The taxability of capital gains arising on transfer of title to land from the land owner to the developer in a Joint Development A...

February 28, 2020 137586 Views 16 comments Print

Slump Sale and Its Taxability

Income Tax : In M&A transactions, “Slump Sales” are considered to be one of the most preferred ways of carrying out a deal due ...

April 9, 2018 94152 Views 10 comments Print

Tax on conversion of stock-in-trade into Capital Asset

Income Tax : Section 45 of the Act, inter alia, provides that capital gains arising from a conversion of capital asset into stock-in-trade shal...

February 2, 2018 72255 Views 0 comment Print

Business Transactions Vs. Investment Transactions

Income Tax : The income arising from Sale of Shares/Debentures or other securities and real estate business will be determined and taxed on the...

April 17, 2016 8812 Views 0 comment Print

Budget 2016: What's in it for the industry

Finance : Jaitley presented his third budget on Feb 29, 2016 amidst a global slump with lower commodity prices, slackening of China’s econ...

March 2, 2016 1810 Views 0 comment Print


Latest Judiciary


Income from Sub-leasing of properties – Business or House Property?

Income Tax : Whether Income from Sub-leasing of properties will be considered as Income from Profits and Gain from Business or Profession (Sect...

March 5, 2022 7380 Views 0 comment Print

Rent from letting out shop rooms in mall taxable as Business Income

Income Tax : Amount received by letting out the shop rooms in the mall is business income taxable under the head Profits and gains of business....

March 27, 2019 12687 Views 0 comment Print

Merely holding shares for a short period will not convert capital gain into business income

Income Tax : Pr. CIT Vs M/s Viksit Engineering Ltd. (Bombay High Court) We note the fact, that the issue of classification of income on sale...

January 15, 2019 1359 Views 0 comment Print


Latest Posts in Budget Business

Income from Sub-leasing of properties – Business or House Property?

March 5, 2022 7380 Views 0 comment Print

Whether Income from Sub-leasing of properties will be considered as Income from Profits and Gain from Business or Profession (Section 28) or Income form House Property (Section 22).

Taxation of joint development agreement

February 28, 2020 137586 Views 16 comments Print

The taxability of capital gains arising on transfer of title to land from the land owner to the developer in a Joint Development Agreement (JDA) has always been a heated issue. The taxation of Joint Development Agreement was never jointly agreed by the A.O. and the Assessee. There were a few hiccups in the law that were driving a way for litigation from decades:

Rent from letting out shop rooms in mall taxable as Business Income

March 27, 2019 12687 Views 0 comment Print

Amount received by letting out the shop rooms in the mall is business income taxable under the head Profits and gains of business.

Merely holding shares for a short period will not convert capital gain into business income

January 15, 2019 1359 Views 0 comment Print

Pr. CIT Vs M/s Viksit Engineering Ltd. (Bombay High Court) We note the fact, that the issue of classification of income on sale of shares as business income or as short term capital gains is to be decided the facts of each case. The tests to be applied for such determination is provided in CBDT Circular No.4 of […]

Slump Sale and Its Taxability

April 9, 2018 94152 Views 10 comments Print

In M&A transactions, “Slump Sales” are considered to be one of the most preferred ways of carrying out a deal due to various tax and stamp duty incentives associated with it. Meaning of ‘slump sale’ In simple words, ‘slump sale’ is nothing but transfer of a whole or part of business concern as a going […]

Tax on conversion of stock-in-trade into Capital Asset

February 2, 2018 72255 Views 0 comment Print

Section 45 of the Act, inter alia, provides that capital gains arising from a conversion of capital asset into stock-in-trade shall be chargeable to tax. However, in cases where the stock in trade is converted into, or treated as, capital asset, the existing law does not provide for its taxability.

Business Transactions Vs. Investment Transactions

April 17, 2016 8812 Views 0 comment Print

The income arising from Sale of Shares/Debentures or other securities and real estate business will be determined and taxed on the basis, whether they are Capital Asset or Business Asset. It is important to determine, whether the income is generated from Capital Assets or from Business Assets and be determined as Capital Gain or Income from business.

Budget 2016: What's in it for the industry

March 2, 2016 1810 Views 0 comment Print

Jaitley presented his third budget on Feb 29, 2016 amidst a global slump with lower commodity prices, slackening of China’s economy, volatile exchange rates and outflow by FIIs. He has been not drastically increased public spending and has been committed to maintaining a fiscal deficit of around 3.5% of India’s GDP.

‘Excise Duty Studded on Jewellery by Budget, 2016

March 2, 2016 15274 Views 2 comments Print

It is the most expensive amendment ever… Yes, now by virtue of amendments made by Budget, 2016; excise duty is being levied on articles of jewellery [excluding silver jewellery, other than studded with diamonds/other precious stones]. Thus, all the jewellery items except pure silver jewellery will now be subject to excise duty w.e.f. 1.3.2016. This article is about the changes brought by the recent budget with respect to jewellery.

15 Important Changes in International Taxation in Budget 2016

March 2, 2016 22468 Views 1 comment Print

Implementation of POEM based residence rule deferred for 1 year and applicable from AY 2017‐18‐ It is proposed to defer the applicability of POEM based residence test by one year It is also proposed to provide a transition mechanism for a company which is incorporated outside India and has not earlier been assessed to tax in India.

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