Mumbai ITAT accepts
Revenue’s claim that the date of conversion of capital asset (plot of land)
into stock-in-trade as envisaged u/s 45(2) shall be reckoned from the date when
assessee-builder filed an application for building plan sanction before the
Municipal Corporation (i.e. in 1994), and not when IOD was actually issued
(i.e. in 1997); Assessee had decided to use portion of his land holdings for
developing a housing project, rules that “what is relevant to determine the
date of conversion is the intention of the assessee to commercially exploit the
property which is on 02-02-1994.”; On year of taxability, ITAT upholds
assessee’s stand that the capital gains shall be taxable in the year in which
the project was completed and flats were ultimately sold, rejects Revenue’s
stand that the LTCG shall be chargeable to tax proportionately on the basis of
advance received from customers; Separately, ITAT allows assessee’s claim u/s.
80-IB(10) despite no OC issued by Municipal Corporation; Lastly, ITAT rejects
assessee’s stand that interest earned on FDR was a business receipt as it had
parked surplus funds generated from business in banks in order to earn interest
income and reduce construction expenses, upholds AO’s action of assessing it as
‘income from other sources’.:ITAT
Subscribe to:
Post Comments (Atom)
ITAT: Property Received on Family Trust Dissolution Qualifies as ‘Devolution’, Long-Term Capital Gains Tax Applies
Under income tax law, when a capital asset is acquired by way of succession, inheritance or devolution, the cost of acquisition is deemed to...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Recent judicial pronouncements across different forums have clarified several important aspects of Indian income tax law, particularly relat...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
The transition to the Income-tax Act, 2025 (ITA 2025) and the accompanying Income-tax Rules, 2026 introduces a significantly overhauled co...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
Introduction: India's Green Economy and the Tax Conundrum India stands as a global powerhouse in the fight against climate change, c...
-
In a landmark ruling, the ITAT, Hyderabad Bench, in the case of Amith Vishnaw Gudimela, held that a delay in filing Form-67 cannot be the so...
-
Clarifications from the GST Council The GST Council has recommended the following clarifications on ISD and cross charge:
-
The Delhi High Court held that interest earned on funds temporarily parked in bank deposits during the project setup phase is capital in n...
No comments:
Post a Comment