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section 45

Latest Articles


Analysing Bail Jurisprudence under PMLA: Unravelling Problematic Twin Conditions

Corporate Law : Explore complexities of PMLA bail conditions, their impact on accused, and constitutional concerns. A comprehensive analysis sheds...

January 6, 2024 2058 Views 0 comment Print

Income-Tax Implications: Joint Development Agreement & Property Transactions

Income Tax : Explore Income-Tax Implications of Joint Development Agreements in Property Transactions. Unveil the complexities of Section 45(5A...

November 18, 2023 64317 Views 32 comments Print

Income Tax on Joint Development Agreements under Section 45(5A)

Income Tax : Learn how Joint Development Agreements (JDA) affect income tax under Section 45(5A) of the Income Tax Act. Understand calculations...

November 4, 2023 7173 Views 0 comment Print

Understanding the Principle of Mutuality in Tax Law: Key Implications

Income Tax : Dive into the Principle of Mutuality, exploring its meaning, tax implications, and impact on cooperative societies. Discover case ...

August 5, 2023 26160 Views 2 comments Print

Exemptions from Capital Gain under Income Tax act, 1961

Income Tax : Any Profit or gain arising from the transfer of Capital asset is taxable as a Capital Gain u/s 45 of the Income Tax act, 1961. It ...

March 13, 2023 5049 Views 0 comment Print


Latest Judiciary


Section 263 cannot be Invoked for Difference of Opinion on Section 54F Exemption & Indexed Cost

Income Tax : ITAT Mumbai allows appeal of Jasmine Bhaskar Shah against PCIT's Section 263 revision on exemption under 54F and indexation of gif...

April 22, 2025 Views 0 comment Print

Third-party land sellers to Corporate Debtors not covered under Section 66 of IBC

Company Law : The Respondent had preferred applicaton under Section 66 of the Code wherein Respondent Nos. 1-2 are the suspended directors and t...

April 14, 2025 327 Views 0 comment Print

Pre-Decisional Hearing Mandatory Before Blocking E-Credit Ledger Under GST Rule 86A: HC

Goods and Services Tax : Karnataka High Court held that blocking of Electronic Credit Ledger by invoking Rule 86A of the Central Goods and Services Tax Rul...

April 8, 2025 189 Views 0 comment Print

Income from sale of scrap eligible for deduction u/s. 80IC: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that income from sale of scraps generated through production process reducing cost of product is eligible for ...

April 8, 2025 60 Views 0 comment Print

Dismissal of appeal merely on account of non-prosecution not justified: ITAT Raipur

Income Tax : ITAT Raipur held that dismissal of appeal by CIT(A) without disposing off on merits, merely on account of non-prosecution is unjus...

March 5, 2025 219 Views 0 comment Print


Latest Notifications


Government Notifies Section 64B of Competition Act, 2002 from 26.10.2023

Corporate Law : Discover the implications of the government's notification on Section 64B of the Competition Act, effective from October 26, 2023....

October 26, 2023 729 Views 0 comment Print

CBDT issues guidelines on partnership firm taxation | Section 45(4)

Income Tax : It is noticed that the amount taxed under sub-section (4) of section 45 of the Act is required to be attributed to the remaining c...

July 2, 2021 51690 Views 0 comment Print

Section 45(4) | CBDT amends rule 8AA & Inserts Rule 8AB

Income Tax : CBDT vide Notification No. 76/2021-Income Tax | Dated: 2nd July, 2021 amends rule 8AA which relates to Method of determination of ...

July 2, 2021 17901 Views 0 comment Print


Latest Posts in section 45

Section 263 cannot be Invoked for Difference of Opinion on Section 54F Exemption & Indexed Cost

April 22, 2025 Views 0 comment Print

ITAT Mumbai allows appeal of Jasmine Bhaskar Shah against PCIT’s Section 263 revision on exemption under 54F and indexation of gifted shares.

Third-party land sellers to Corporate Debtors not covered under Section 66 of IBC

April 14, 2025 327 Views 0 comment Print

The Respondent had preferred applicaton under Section 66 of the Code wherein Respondent Nos. 1-2 are the suspended directors and the Nos. 3-5 are promoters qua the CD and the Applicants herein are arrayed as Respondents No. 6-9.

Pre-Decisional Hearing Mandatory Before Blocking E-Credit Ledger Under GST Rule 86A: HC

April 8, 2025 189 Views 0 comment Print

Karnataka High Court held that blocking of Electronic Credit Ledger by invoking Rule 86A of the Central Goods and Services Tax Rules, 2017 [CGST Rules] without granting pre-decisional hearing and without stating cogent reason in order is impermissible in law.

Income from sale of scrap eligible for deduction u/s. 80IC: ITAT Ahmedabad

April 8, 2025 60 Views 0 comment Print

ITAT Ahmedabad held that income from sale of scraps generated through production process reducing cost of product is eligible for deduction under section 80IC of the Income Tax Act. Accordingly, appeal of revenue dismissed.

Dismissal of appeal merely on account of non-prosecution not justified: ITAT Raipur

March 5, 2025 219 Views 0 comment Print

ITAT Raipur held that dismissal of appeal by CIT(A) without disposing off on merits, merely on account of non-prosecution is unjustifiable. Accordingly, order set-aside with direction to dispose off on merits.

Bail in illegal coal levy rejected as twin conditions u/s. 45 of PMLA not fulfilled

March 3, 2025 279 Views 0 comment Print

Chhattisgarh High Court held that involvement of accused and illegal coal levy matter is prima facie proved and the applicant is unable to fulfill the twin conditions for grant of bail as provided under Section 45 of the PMLA, 2002.

Grant Final Opportunity for Convict in NI Act Sec. 138 Offense: Karnataka HC

February 22, 2025 126 Views 0 comment Print

Karnataka High Court held that accused convicted for the offence punishable under section 138 of the Negotiable Instruments Act to grant final opportunity to cross-examine complainant on deposit of 50% of the fine amount before trial court.

Depreciation u/s. 32 is entitled only if asset is owned by assessee: ITAT Hyderabad

February 8, 2025 96 Views 0 comment Print

The assessee is into development and construction of a project. The case was selected for scrutiny and AO issued notices u/s 142(1) and 143(2) of the Act, calling for certain details.

Section 56(2)(vii)(c) not applies to New Shares of Amalgamated Company: ITAT Rajkot

February 6, 2025 144 Views 0 comment Print

In case of shares issued under amalgamation, there are no two parties to a transfer of a property. There are tripartite arrangements between amalgamated company, amalgamating company and shareholder of the amalgamating company.

Custodian of imported goods liable to pay customs duty on pilferage: CESTAT Delhi

February 5, 2025 162 Views 0 comment Print

CESTAT Delhi held that as per section 45 of the Customs Act, 1962, being the custodian of imported goods, appellant was burdened with the responsibility of safe custody of the imported goods.

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