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“Section 2(47)”

Section References (mined)Section 2Section 2(47)570 judgments

The decision most relied on for Section 2(47) is CIT v. Balbir Singh Maini (398 ITR 531), cited in 228 judgments on BharatTax.

Leading authorities on Section 2(47)

CIT v. Balbir Singh Maini
398 ITR 531 · 2017 · Supreme Court
228
citing judgments

A transfer of immovable property, for the purpose of capital gains under section 2(47)(v) of the Income-tax Act, occurs only when the agreement allowing possession in part performance of a contract is a registered instrument, as mandated by Section 53A of the Transfer of Property Act.

Chaturbhuj Dwarkadas Kapadia v. CIT
260 ITR 491 · 2003 · High Court
150
citing judgments

For capital gains purposes, a 'transfer' under section 2(47)(v) occurs and capital gains arise in the year when possession of the property is handed over in part performance of a contract, such as a joint development agreement. This was the settled position before the specific provisions of section 45(5A) were introduced.

CIT v. Asahi India Safety Glass Ltd.
346 ITR 329 · 2012 · High Court
129
citing judgments

Expenses incurred for software license purchase, development of miscellaneous software, and maintenance of websites are considered revenue in nature. Such expenses are deductible in the year they are incurred.

Sanjeev Lal v. CIT
365 ITR 389 · 2014 · Supreme Court
122
citing judgments

For claiming capital gains exemption under beneficial provisions like section 54, the 'date of transfer' can be the date of the agreement to sell, particularly when coupled with substantial advance consideration or an enforceable right, adopting a purposive and liberal interpretation to acknowledge the assessee's intent.

CIT v. Manjula J. Shah
355 ITR 474 · 2013 · High Court
113
citing judgments

For capital assets acquired by gift or will, the indexed cost of acquisition under Section 48 is computed with reference to the year the previous owner first held the asset. The period of holding for determining if an asset is long-term also includes the previous owner's holding period, as per Section 2(42A).

Nirmala L. Mehta v. A. Balasubramaniam, CIT
269 ITR 1 · 2004 · High Court
108
citing judgments

There can be no estoppel against the statute, meaning tax cannot be levied or collected without express authority of law. An appellate authority may adjudicate additional claims or legal contentions to ensure the correct tax liability is determined.

PCIT v. Chain House International (P) Ltd.
98 Taxmann.com 47 · 2018 · High Court
104
citing judgments

The Assessing Officer cannot arbitrarily reject a share valuation report prepared by an expert using recognized methods like NAV or DCF for the purpose of Section 56(2)(viib) without providing valid reasons to demonstrate its perversity or unreasonableness.

Sunil Siddharthbhai v. CIT
156 ITR 509 · 1985 · Supreme Court
82
citing judgments

A partner's contribution of a personal asset to a partnership firm does not amount to a "transfer" for capital gains purposes under the Income-tax Act, as the consideration (the partner's interest in the firm) is indeterminate, and the computational machinery for capital gains fails.

Judgments citing Section 2(47)

DCIT, Central Circle-2(4), Hyd, Hyderabad vs. Godavari Developers, Hyderabad

In the result, the C.O. filed by the assessee as well as the appeal of revenue stand dismissed in the above terms

ITA 1452/HYD/2016[2008-09]Status: DisposedITAT Hyderabad30 Sept 2024AY 2008-09

Bench: Shri Manjunatha G, Accountnat Member & Shri Prakash Chand Yadavआ.अपी.सं /Ita No.1452/Hyd/2016 (निर्धारण वर्ा/Assessment Year:2008-09) Dy. Commissioner Of Income Tax, M/S. Godavari Developers, Central Circle 2(4), Hyderabad. Vs. Hyderabad. Pan Aaffg5872K (Appellant) (Respondent) C.O.No.27/Hyd/2017 (In Ita No.1452/Hyd/2016) (By Assessee) निर्धाररती द्वधरध/Assessee By: None. रधजस् व द्वधरध/Revenue By:: Shri Kumar Pranav, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 12/09/2024 घोर्णध की तधरीख/Pronouncement: 30/09/2024

For Appellant: NoneFor Respondent: : Shri Kumar Pranav, CIT-DR
Section 132Section 2(47)

also ruled out that there is no transfer of land as alleged by the Assessing Officer within the meaning of section 2(47) of the Act. 3. The Ld. DR appearing on behalf of the revenue vehemently argued that the Ld. CIT(A) had erred in not appreciating that there ... would prove beyond doubt that - a) There was no transfer, as construed by the Assessing Officer within the meaning of section 2(47) of the Act as it is a case of current assets being used by the assessee as stock in trade and hence the Assessing 9 C.O.No.27/Hyd/2017