Bombay HC upholds ITAT
order, rules that capital gains arising to assessee during AY 2005-06 on
assignment of development rights, in respect of the immovable property, to a
builder is to be computed based on the amount actually received by assessee,
rejects adoption of stamp duty valuation u/s. 50C; The assessee had entered
into a MOU with the Builder providing them with development rights in respect
of property for a consideration of Rs. 2.51 cr; Firstly, HC notes that there
was a gap of nearly 3 years between the date of execution of the MOU and the
execution of a formal development agreement and the stamp duty authority had
assessed the value of the property on the date of the execution of development
agreement; Next, HC notes that the stamp valuation was for a larger area
whereas the assessee had assigned the development rights only with respect to a
smaller area; In light of these two significant factors, HC notes that ITAT had
not adopted the stamp duty valuation, remarks that, “we do not find that the Tribunal
has committed any error.”:HC
Subscribe to:
Post Comments (Atom)
Bombay High Court Clarifies Tax Exemption Eligibility for Venture Capital Funds
In a significant ruling, the Bombay High Court has reaffirmed that a Venture Capital Fund (VCF) registered with SEBI is entitled to claim ...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
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...
-
Facts Centrica India Offshore Private Limited (CIO), an Indian Company, is a wholly owned subsidiary of Centrica Plc, UK Centrica Plc a...
-
The Tax Audit season has started and it’s the time when the Assessees rush to their Chartered Accountants (CA) to get their Tax Audit d...
-
SREI Infrastructure Finance Ltd vs. ITSC (Delhi High Court) The assessee entered into a scheme of arrangement u/s 391-394 of the Compani...
-
Facts The taxpayer, a partnership firm, derived income from the business of handling and transport of ship containers, customs clearing a...
-
M/s. Alpha Projects Society P. Ltd vs. DCIT (ITAT Ahmedabad) In AY 2005-06, the assessee made payments to contractors & for professi...
-
01. TDS u/s 194J is required to be done for Royalty also w.e.f 13-7-2006. 02. Royalty had been defined under explanation 2 of se...
-
F.No.354/66/2011-TRU Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs...
-
M/s. Merilyn Shipping & Transports vs. ACIT (ITAT Visakhapatnam Special Bench) The assessee incurred brokerage expenses of Rs.38....
No comments:
Post a Comment