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“Section 55(4)(b)”

Section References (mined)Section 55Section 55(4)(b)2 judgments

The decision most relied on for Section 55(4)(b) is PCIT v. Saumya Construction (112 Taxmann.com 163), cited in 15 judgments on BharatTax.

Leading authorities on Section 55(4)(b)

PCIT v. Saumya Construction
112 Taxmann.com 163 · 2019 · High Court
15
citing judgments

A notice issued under Section 153C of the Income Tax Act, 1961, can be quashed if it is not based on any incriminating material found during a search.

Commissioner of Income-tax v. Miss Piroja C. Patel
242 ITR 582 · 2000 · High Court
12
citing judgments

Compensation paid to hutment dwellers for vacating land is an allowable expenditure in computing capital gains, as it relates to the transfer of the asset. Such payments are considered a cost of acquisition or improvement under Section 48 read with Section 55 of the Income-tax Act, 1961.

Judgments citing Section 55(4)(b)

M/S. Sumukha Holdings, Bengaluru vs. Assistant Commissioner of Income-Tax, Circle-4(3)(1), Bangalore

In the result, the appeal filed by the assessee is allowed

ITA 797/BANG/2024[2017-18]Status: DisposedITAT Bangalore06 Jan 2025AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.Assessment Year : 2017-18

For Appellant: Shri Siddesh Nagraj Gaddi, AR
Section 142(1)Section 234Section 250Section 69

part of the sale price where the ownership of the property has passed to the buyer before payment of the entire price, under Section 55(4)(b) of the Act. Normally, ownership and title to the property will pass to the purchaser on registration of the sale deed with effect

Amit Kumar Tyagi, Ghaziabad vs. Deci, Circle-1, Ghaziabad

In the result, the appeal of the assessee is allowed

ITA 1152/DEL/2018[2014-15]Status: DisposedITAT Delhi14 Jul 2021AY 2014-15

Bench: Sh. Amit Shukladr. B. R. R. Kumar

For Appellant: Sh. P. P. Singh, CAFor Respondent: Sh. Satpal Gulati, CIT DR
Section 143(1)

Vendor will gladly put his signature where the requirement of signature and consent is needed, he will not have any objection.” 17. Section 55(4)(b) of the Transfer of Property Act, 1882 provides, that in the absence of a contract to the contrary, the seller is entitled, where ownership ... opted to treat the sale deed as non-existent and cannot at the same time maintain this suit, in exercise of rights under Section 55(4)(b) supra, treating the sale deed as existent and having conveyed/transferred ownership of the property to the defendants. Supreme Court in Khela Banerjee