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Section 2(47)

Latest Articles


No transfer on mere registration of Agreement for Sale

Income Tax : Bombay High Court has held that the mere fact that an agreement for sale of property is registered does not make it a conveyance, ...

January 31, 2019 14307 Views 1 comment Print

Conversion of company into LLP – “Clear road” ahead?

Income Tax : Designed with the advantages of a flexible organisational structure, perpetual succession, limited liability and tax efficient dis...

December 18, 2018 6990 Views 1 comment Print

Family Arrangement

Income Tax : We see many big business houses run by second or third generation families with different ideologies or intending to diversify the...

August 10, 2017 8322 Views 0 comment Print

Budget 2017: Conversion of preference shares to equity not to be treated as transfer

Income Tax : Under the existing provisions of the Act, conversion of security from one form to another is regarded as transfer for the purpose ...

February 2, 2017 8103 Views 1 comment Print

Cost of capital asset transferred by demerged company to resulting company

Income Tax : Under clause (vib) of section 47 of the Income-tax Act any capital asset transferred by the demerged company to the resulting comp...

March 3, 2015 5356 Views 0 comment Print


Latest Judiciary


Extinguishment of rights in capital asset is transfer of capital asset

Income Tax : ACIT Vs Ashwin S. Bhalekar Beamon Chambers (ITAT Mumbai) Claim of the assessee that extinguishment of rights in the capital asset ...

June 18, 2019 25965 Views 0 comment Print

Stock-in-trade transfers in the year in which sale deed gets executed

Income Tax : ITAT held that Stock- in-trade can be considered as transferred only in the year in which the assessee has executed the sale deed ...

April 12, 2019 9132 Views 0 comment Print

Amount received on retirement by a partner of firm was not subject to income tax

Income Tax : Amount paid to a partner upon retirement after taking accounts and upon deduction of liabilities did not involve an element of tra...

April 3, 2019 27861 Views 0 comment Print

Conversion of Cumulative compulsory convertible preference shares into equity shares is not a transfer

Income Tax : Conversion of cumulative and compulsory convertible preference shares(CCPS) into equity shares cannot be treated as ‘transfer’...

February 13, 2019 42849 Views 1 comment Print

Year of taxability on Transfer of land pursuant to development agreement

Income Tax : K. Vijaya Lakshmi Vs ACIT (ITAT Hyderabad) The development agreement implied that assessee did permit the developer to enter into ...

January 6, 2019 6492 Views 1 comment Print


Cost of capital asset transferred by demerged company to resulting company

March 3, 2015 5356 Views 0 comment Print

Under clause (vib) of section 47 of the Income-tax Act any capital asset transferred by the demerged company to the resulting company in the scheme of demerger is not regarded as transfer if the resulting company is an Indian company. In such cases the cost of such asset in the hands of resulting company should be cost of such asset in the hands of demerged company as increased by the cost of improvement, if any, incurred by the demerged company.

S. 2(47) Retirement of partner does not tantamount to transfer

January 27, 2014 7127 Views 0 comment Print

When a partner receives her/his share in the assets of the partnership firm or when he receives anything in excess of her/his share in the assets of the partnership firm and even in a case a partner receives a share of profit either in case of retirement or in case of dissolution, the same cannot be brought to tax

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