M/S. Bhaggyam Builders, Chennai vs. ACIT, Chennai
In the result, the assessee’s appeal is dismissed
ITA 2614/CHNY/2016[2010-11]Status: DisposedITAT Chennai22 Jan 2018AY 2010-11
Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं/.I.T.A. No. 2614/Mds/2016 "नधा"रण वष"/Assessment Year : 2010-11 M/S. Bhaggyam Builders, The Assistant Commissioner Of No. 20, Raman Street, Vs. Income Tax, T. Nagar, Non Corporate Circle -1, Chennai – 600 017. Chennai.
For Appellant: Shri. N. Madhavan, Addl. CIT
Section 2(47)Section 45Section 45(1)Section 45(4)
…), 241 ITR 668(Mad) submitted that during the subsistence of partnership, no immovable property of the firm can be transferred to partners by mere book entries and such transfer required registration etc. Further, the AR relying on the decision reported in 383 ITR 258 (Mad) wherein it is held that when partnership firm is transferred into a company , there is no transfer of capital asset as contemplated by section 45(1) and hence submitted that the impugned transaction is not a :-4-: transfer. Further, the AR relying on this tribunal decision in the case of ACIT vsGoyal Dresses in ITA No. 1478/Mds/2007 for a…