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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 1869 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 53760 Views 30 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 6768 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 21708 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 4950 Views 0 comment Print


Latest Judiciary


Classification of product justified once DGFT proceeds to issue MEIS Scrip: Delhi HC

DGFT : Delhi High Court observed that once the DGFT had proceeded to issue the MEIS scrip to the writ petitioners, they would have been j...

December 4, 2024 105 Views 0 comment Print

No Section 54 Exemption for Plywood Structures: Delhi HC

Income Tax : Putting together a structure of plywood sheets cannot be construed as constructing a residential house. The Inspector had also rep...

November 29, 2024 2445 Views 0 comment Print

Appeal preferred after 1st April 2005 is maintainable u/s. 81 of Delhi Value Added Tax

Goods and Services Tax : Delhi High Court held that appeal pertaining to period prior to 01 April 2005 is maintainable under Section 81 of the Delhi Value ...

November 29, 2024 366 Views 0 comment Print

Capital subsidy to be reduced while computing book profit u/s. 115JB: ITAT Nagpur

Income Tax : Held that the capital subsidy should be reduced for computation of book profit. Particularly in view of the excruciating fact that...

November 22, 2024 678 Views 0 comment Print

Blocking of Electronic Credit Ledger by invoking rule 86A without cogent reasons impermissible

Goods and Services Tax : Karnataka High Court held that blocking of Electronic Credit Ledger by invoking Rule 86A of the CGST Rules merely on the basis of ...

November 14, 2024 690 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 669 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 50874 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 16896 Views 0 comment Print


Latest Posts in section 45

Classification of product justified once DGFT proceeds to issue MEIS Scrip: Delhi HC

December 4, 2024 105 Views 0 comment Print

Delhi High Court observed that once the DGFT had proceeded to issue the MEIS scrip to the writ petitioners, they would have been justified in assuming that the issue of classification was neither questioned nor doubted.

No Section 54 Exemption for Plywood Structures: Delhi HC

November 29, 2024 2445 Views 0 comment Print

Putting together a structure of plywood sheets cannot be construed as constructing a residential house. The Inspector had also reported that there was no electricity or water connection on the land and electricity was used by genset.

Appeal preferred after 1st April 2005 is maintainable u/s. 81 of Delhi Value Added Tax

November 29, 2024 366 Views 0 comment Print

Delhi High Court held that appeal pertaining to period prior to 01 April 2005 is maintainable under Section 81 of the Delhi Value Added Tax Act, 2004 (DVAT) instead of section 45 of the Delhi Sales Tax Act, 1975 since appeal is preferred after 01 April 2005.

Capital subsidy to be reduced while computing book profit u/s. 115JB: ITAT Nagpur

November 22, 2024 678 Views 0 comment Print

Held that the capital subsidy should be reduced for computation of book profit. Particularly in view of the excruciating fact that reduction of subsidy from written down value was accepted by the Assessing Officer and he did not tinker with the amount of depreciation claimed.

Blocking of Electronic Credit Ledger by invoking rule 86A without cogent reasons impermissible

November 14, 2024 690 Views 0 comment Print

Karnataka High Court held that blocking of Electronic Credit Ledger by invoking Rule 86A of the CGST Rules merely on the basis of report of enforcement authority, without independent or cogent reasons, impermissible in law.

Assets held in name of partnership firm is not personal property of personal guarantor: NCLAT Delhi

October 28, 2024 378 Views 0 comment Print

A Company Petition u/s. 95 of the IBC was filed by Operational Creditor-White Line Enterprises against Mr. Ramesh Kumar Chugh-Appellant who stood as a Personal Guarantor for repayment of the operational debt owed by M/s Sahil Home Loomtex Pvt. Ltd.

Concession rate benefit u/s. 112 not available on short term capital gain computed u/s. 50: ITAT Mumbai

October 19, 2024 8046 Views 0 comment Print

ITAT Mumbai held that assessee is not entitled for concession rate of tax of 20% provided under section 112(1) of the Income Tax Act on the short term capital gain computed under section 50 of the Income Tax Act.

Order blocking Input tax Credit by invoking rule 86A quashed as no pre-decisional hearing granted

October 19, 2024 324 Views 0 comment Print

Karnataka High Court held that order passed blocking Input Tax Credit by invoking of rule 86A of the Central Goods and Services Tax Rules quashed as order was passed without providing pre-decisional hearing and without giving cogent reasons.

Filing of belated return u/s. 139(4) satisfies 1st proviso to section 201(1): ITAT Raipur

October 14, 2024 435 Views 0 comment Print

ITAT Raipur held that belated return of income filed by payee u/s. 139(4) satisfies the 1st proviso to section 201(1) of the Income Tax Act hence assessee cannot be treated as ‘assessee in default’.

Custodian liable to pay duty on goods pilfered while in custody: Delhi HC

September 25, 2024 168 Views 0 comment Print

Delhi High Court held that section 45(3) of the Customs Act provides that the custodian of the imported goods having been in custody is liable to pay duty in case they are pilfered while in custody. Accordingly, customs duty and penalty rightly levied.

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