Corporate Law : Explore complexities of PMLA bail conditions, their impact on accused, and constitutional concerns. A comprehensive analysis sheds...
Income Tax : Explore Income-Tax Implications of Joint Development Agreements in Property Transactions. Unveil the complexities of 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...
Income Tax : Dive into the Principle of Mutuality, exploring its meaning, tax implications, and impact on cooperative societies. Discover case ...
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 ...
Income Tax : The ITAT Dehradun held that exemption under Section 54B cannot be denied merely for non-deposit in the Capital Gains Account Schem...
Income Tax : The Tribunal held that unsigned documents and Tally entries seized from a developer’s premises cannot justify additions without ...
Income Tax : The Tribunal ruled that the word purchase under Section 54 must receive a liberal and purposive interpretation. Genuine investment...
Income Tax : The Tribunal held that the AO failed to properly verify the genuineness of a cancelled property sale transaction before accepting ...
Income Tax : The ITAT Bangalore held that gains arising from buyback of shares are taxable under Section 46A because the conditions prescribed ...
Corporate Law : Discover the implications of the government's notification on Section 64B of the Competition Act, effective from October 26, 2023....
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...
Income Tax : CBDT vide Notification No. 76/2021-Income Tax | Dated: 2nd July, 2021 amends rule 8AA which relates to Method of determination of ...
Punjab and Haryana High Court held that bail granted as co-morbodities of the petitioner falls in the exception of being sick as carved out in Section 45 of the Prevention of Money Laundering Act, 2002.
Distinction between Section 9B and Section 45(4) of Income Tax Act 1961. Since the insertion of Section 9B there has been lot of discussion regarding the distinction between the two sections. Let’s throw some light on the applicability to make the blurred line visible – Section 9B is attracted when (Firm / AOP/ BOI) transfers […]
There is a lot of interpretations and confusion among the taxpayers and other stakeholders regarding the two newly inserted sections – Section 45(4) and Section 9B of Income Tax Act. This article is confined to give the simplified interpretation of the above mentioned section which are related to transfer of Money, Capital asset or Stock […]
Time and again, the income tax authorities are faced with the issue of determining whether a particular receipt is capital in nature and hence exempt from taxation or is a revenue receipt and hence, taxable. This quagmire is attributable to the fact that the Income Tax Act does not stipulate any definition of the term […]
Hello friends, here we discussed the provision of transfer of capital asset to partner/member on dissolution or reconstitution of the specified entity [Section 45(4) and section 9B] [W.e.f A.Y. 2021-22]. 1) SECTION 45(4) OF INCOME TAX ACT, 1961 Before Amendment, As per section 45(4), the profits or gains arising from the transfer of a capital […]
Rationalisation of provision of transfer of capital asset to partner on dissolution or reconstitution Section 45(4) of Income Tax act, 1961 – Newly Substitute provide an another exception of capital gain in the year in which Capital asset received by specified person The existing provisions of section 45 (1) of the Act inter alia, provides […]
A brief description of Section 9B & 45(4) along with rule and guidelines (income tax provision on reconstitution of firm or AOP or BOI) The finance act, 2021 introduced a taxation provision on reconstitution of firm, AOP, BOI (Not being a company or a co-operative society). Here, I try to produce the brief of these […]
Reconstitution/Dissolution of firm? Transfer of Assets to partner? Wait…..!! Here are the tax implications… Finance Act 2021 has made amendments to the provisions of the Income Tax Act, pertaining to the tax liability arising on distribution of assets by the firm to its partners on its reconstitution or dissolution.(Note: The words ‘Firm’ and ‘Partners’ are […]
Hello friends, here we discussed Section 9B, Section 45(4), & Section 48 of the Income Tax Act SECTION 9B OF INCOME TAX ACT Finance Act 2021, introduced a new section, section 9B under income tax act which specifies the provision related to transfer of Capital Assets or stock in trade on Reconstitution or Dissolution of […]
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 capital assets of the specified entity, so that when such capital assets get transferred in the future, the amount attributed to such capital assets gets reduced from the full value of the consideration and to that extent the specified entity does not pay tax again on the same amount.
