Follow Us:

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 2904 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 77568 Views 33 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 8478 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 40410 Views 3 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 5697 Views 0 comment Print


Latest Judiciary


Section 54 Exemption Available for Every House Sold: Bengaluru ITAT

Income Tax : The ITAT held that Section 54 exemption must be examined separately for each residential house sold. The benefit cannot be restric...

June 30, 2026 735 Views 0 comment Print

Bangalore ITAT Upholds Section 11 Exemption Despite Alleged Capitation Fee Collections

Income Tax : Bangalore ITAT held that allegations of capitation fee collections could not justify denial of exemption under Sections 11 and 12 ...

June 24, 2026 180 Views 0 comment Print

Delhi HC Grants PMLA Bail Due to Prolonged Incarceration Beyond Half of Maximum Sentence

Corporate Law : An accused could not be kept in jail indefinitely in a money laundering case when the trial was unlikely to conclude within a reas...

June 24, 2026 768 Views 0 comment Print

SC Upholds Bail as Failure to Produce PMLA Accused Within 24 Hours Made Arrest Illegal

Corporate Law : The SC held that the accused was not produced before the nearest Magistrate within 24 hours after the ED assumed custody, renderin...

June 24, 2026 192 Views 0 comment Print

FMV of Surrendered Tenancy Rights Is Cost of Acquisition for Redeveloped Property: ITAT Mumbai

Income Tax : The Mumbai ITAT held that ownership premises received under a redevelopment scheme are acquired in exchange for valuable tenancy r...

June 21, 2026 894 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 1413 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 54120 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 21189 Views 0 comment Print


Reduction in share capital results into transfer of capital asset u/s. 2(47): SC

January 17, 2025 1110 Views 0 comment Print

Supreme Court held that the reduction in share capital of the subsidiary company results into the transfer of capital asset as envisaged in section 2(47) of the Income Tax Act. Accordingly, petition of revenue dismissed.

Transfer of assets of proprietary concern to succeeding company exempt as covered within section 47(xiv)

January 2, 2025 2259 Views 0 comment Print

Held that the shareholding of the assessee (voting right) has continued to remain not less than 50% as prescribed in clause (b) of proviso to 47(xiv) of the Act, even after issuing of new shares by the above said company.

Transaction already affirmed by Court during demerger cannot be again questioned by income tax department

December 30, 2024 1227 Views 0 comment Print

ITAT Delhi held that initial transaction of demerger of Passive Infrastructure Assets [PIAs] without any consideration qualifies as gift is already affirmed by the Hon’ble Delhi High Court while approving the demerger scheme.

Arrest in GST fake ITC held illegal due to discrepancies in arrest procedure

December 28, 2024 1554 Views 0 comment Print

Delhi High Court held that arrest of petitioner involved in availment of input tax credit against fake invoice illegal and set aside the remand order since various discrepancies were noticed in arrest procedure followed by the department.

Bail denied to individual posing as a close associate of government ministers to extort money

December 27, 2024 747 Views 0 comment Print

The offences u/s. 419, 420, 467 and 471 of Indian Penal Code, 1860 are covered under the definition of schedule offences as per Sections 2(1)(x) and 2(1)(y) of the Prevention of Money Laundering Act, 2002 (PMLA).

Where RP performed his duties in accordance with CoC, no adverse remarks could be passed by Adjudicating Authority against RP

December 24, 2024 921 Views 0 comment Print

RP could not be blamed for having breached the IBC for the CoC to have approved the resolution plan of Parth with requisite majority share which action was taken by the CoC in the exercise of its commercial wisdom.

Indexation Benefit Admissible for Assets held in foreign countries: ITAT Mumbai

December 20, 2024 5550 Views 0 comment Print

ITAT Mumbai held that benefit of cost inflation index admissible as per second proviso to section 48 of the Income Tax Act. Accordingly, indexation benefit admissible even in respect of assets held in foreign countries.

Exemption u/s. 54F admissible in respect of only one residential property: Delhi HC

December 18, 2024 2076 Views 0 comment Print

Delhi High Court held that in case of investment in two residential properties, exemption under section 54F of the Income Tax Act is available in respect of only one of the two residential properties. Accordingly, appeal dismissed.

Bail granted due to prolonged incarceration before being pronounced guilty of an offence

December 17, 2024 810 Views 0 comment Print

Calcutta High Court allowed the bail application on the fact that petitioner has been in prolonged incarceration before being pronounced guilty of an offence. Court also relied on the principle that bail is rule and jail is exception.

Bail granted following the principle that bail is a rule and jail is an exception: Allahabad HC

December 10, 2024 594 Views 0 comment Print

Allahabad High Court granted bail to applicant involved in criminal matter based on the principle of ‘bail is a rule and jail is an exception’ and also concluding that there are no chance of absconding.

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031