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)
Supreme Court ruling holds non-compete fee is allowable as revenue expenditure
The Hon’ble Supreme Court settled the long-standing controversy surrounding the tax treatment of non-compete fees and, based on the facts ...
-
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...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
In a landmark development that could have far-reaching implications for multinational groups operating in India, the Hon’ble Bombay High C...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The taxation of transactions within a Hindu Undivided Family (HUF) is governed by specific provisions under the Income Tax Act, 1961. This...
-
In the case of "Maya Gopinathan vs Anoop SB 2024 INSC 334," the Hon'ble Supreme Court provided insightful guidance on the de...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
-
As per Income Tax Laws, any sum received or receivable in cash or kind under an agreement for not carrying business or profession is treat...
No comments:
Post a Comment