Bombay HC upholds ITAT
order, treats the date of handing over of physical possession of property
by assessee-individual (i.e. March 1, 2008), and not the date of execution
of Development Agreement (i.e. September 13, 2007), as the date of transfer
for AY 2008-09; Accordingly, HC allows assessee’s capital gains exemption
claim u/s. 54EC by holding that the investments made by assessee in August
2008 was within the 6 months deadline prescribed u/s. 54EC; Revenue
had denied Sec 54EC relief by contending that 'transfer' of asset
was effected on the date of execution of Development Agreement
(i.e. September 2007) and not the date of handing over of
physical possession of property; HC notes the ratio of co-ordinate bench
ruling in Chaturbhuj Dwarkadas Kapadia wherein it was held that the date
of execution of contract is relevant provided the terms of the
contract indicate passing off or transferring of complete control over
the property in favour of the developer; HC notes that the terms of the development
agreement provide that only upon full payment of consideration, the
construction shall be undertaken by the developer; HC further observes
that on the date of execution of the development agreement, the entire
consideration was not received by assessee; HC also observes that when the
possession was handed over by assessee to the developer on March, 1, 2008
the entire consideration under the development agreement was received by
assessee and complete control over the property was passed on to the developer;
Thus, upholds ITAT order holding date of parting with possession as the
date of transfer, remarks that “This finding is fully consistent with the
law laid down by the Division Bench in the case of Chaturbhuj Dwarkadas
Kapadia.”:HC
Subscribe to:
Post Comments (Atom)
Is Opting for Section 115BAA Like a Life Sentence? Debunking the Myth
The introduction of Section 115BAA under the Income Tax Act, 1961 offered a lucrative flat tax rate for domestic companies in exchange for f...
-
Section Particulars TDS Rate Individual/ HUF (Indian Resident)(in %) TDS Rate for (NRI) in India (in %) ...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
· SC dismisses SLP to hold that capital reduction leads to transfer of shares and exigible to capital gains taxation
-
Key Points Article 13: Capital Gains Taxation Article 13(4): Exempts capital gains from taxation in India for residen...
-
Regulatory Updates: Customs Regulations: The DGFT revised the Handbook of Procedures for the General Authorization for Export after Repair...
-
This Tax Alert summarizes the recent Notification [1] and Circular [2] issued by Central Board of Indirect Taxes and Customs (CBIC) addr...
-
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...
-
The circular of the Board dt. 28.06.1965 No. 17 (XL-36), provides for inspection fees and fees for certified copies of assessment and...
No comments:
Post a Comment