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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 21183 Views 0 comment Print


Dispute in stamp value may be referred to the valuation officer

June 24, 2023 2166 Views 0 comment Print

ITAT Pune held that as per third proviso to section 56(2)(vii)(b), where the stamp value of the immovable property is disputed by the assessee on the ground mentioned in section 50C(2), the AO may refer the valuation of such property to the Valuation Officer. Accordingly, matter remanded.

Disallowance u/s 14A unsustainable as there is no requirement of head-wise bifurcation for computing income u/s 44

June 22, 2023 534 Views 0 comment Print

ITAT Delhi held that as per provisions of section 44 of the Income Tax Act there is no requirement of head wise bifurcation while computing income u/s 44 in case of insurance company. Thus, provisions of section 14A are not relevant to make a disallowance.

AO directed to examine leasehold or complete right over property vis-à-vis applicability of section 50C

June 21, 2023 2643 Views 0 comment Print

ITAT Mumbai has directed AO to obtain the complete information and examine whether assessee has only leasehold right or complete rights over the property so that provisions of section 50C of the Income Tax Act are attracted.

Opportunity to each member of society not necessitated in proceedings initiated u/s 34A

June 9, 2023 615 Views 0 comment Print

Madras High Court held that there is no necessity for providing opportunity to each and every member of the Society in the proceedings initiated under Section 34A of the Income Tax Act.

Taxing under capital gain can be burdened only when cost of acquisition is established

May 27, 2023 2292 Views 0 comment Print

ITAT Delhi held that to burden assessee with capital gain arising out of transfer of immovable property or an interest in it, the cost of acquisition is necessarily to be established. Here, cost of acquisition of so called right of preemption is considered as NIL. Hence, computation provisions fail, therefore capital gains could not have been calculated.

Bail granted to CA as continued incarceration of petitioner not justified: HC

May 25, 2023 2532 Views 0 comment Print

Andhra Pradesh High Court held that as the petitioner is a Chartered Accountant by profession and it is his first offence and he has been in jail since long. Accordingly, continuance incarceration of the petitioner is not justified. Hence, bail granted.

Section 45(5A) inserted vide Finance Act 2017 doesn’t have retrospective effect

May 23, 2023 3666 Views 0 comment Print

Patna High Court held that sub-section (5A) of section 45 inserted by way of an amendment in the Finance Act, 2017, expressly stated to be effective from 01.04.2018 cannot be treated as retrospective.

Everything said in judgment doesn’t constitutes precedent

May 19, 2023 1206 Views 0 comment Print

Supreme Court held that it is not everything said by a Judge when giving judgment that constitutes a precedent. The only thing in a Judge’s decision binding as a legal precedent is the principle upon which the case is decided

Transfer of land as share of capital in AOP is taxable u/s 45(3) of Income Tax Act

May 8, 2023 4599 Views 0 comment Print

ITAT Pune held that contribution of undivided title and rights in the land as share of capital in AOP is taxable under section 45(3) of the Income Tax Act.

Forfeited amount is deductible from cost of acquisition at the time of actual transfer of asset

May 8, 2023 1668 Views 0 comment Print

ITAT Delhi held that applying the provisions of section 51 of the Act, the amount of advance which was forfeited would be deducted from the cost of acquisition of the asset at the time of actual transfer of the asset in future.

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