← All Phrases

“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)

Dhirendra Nath Das, Durgapur vs. ITO, Ward-1(3), Durgapur

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 491/KOL/2024[2015-16]Status: DisposedITAT Kolkata02 Aug 2024AY 2015-16

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.491/Kol/2024 Assessment Year: 2015-16 Dhirendra Nath Das.…....………………………… ........................……Appellant C/O Jain Vinod & Associates, 41A, Ajc Bose Road, Suite No.613, 6Th Floor, Kol-700017. [Pan: Adgpd9102P] Vs. Ito, Ward-1(3), Durgapur.................…................…........……...…..…..Respondent Appearances By: Shri V. K. Jain, Ar, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 25, 2024 Date Of Pronouncing The Order : August 02, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. The Ld. Cit(A) Erred In Law As Well As On Fact In Dismissing The Appeal When He Ought To Consider That Jurisdictional Assessing Officer Has Wrongly Assumed The Jurisdiction U/S 147 Of The Act Hence The Assessment Order Passed There On Is Null & Void Ab-Initio. 2. The Ld. Cit(A) Nfac Erred In Law As Well As On Fact To Upheld The Assessment Order Of The Jao Treating Agreement Of Development As

Section 147Section 2(47)Section 250

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘बी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri

Deputy Commissioner of Income-Tax, Non-Corporate Circle 7(1), Chennai vs. Kumarasamy Pillai Aparna, Chennai

In the result the appeal of the revenue is dismissed

ITA 999/CHNY/2023[2016-17]Status: DisposedITAT Chennai31 Jul 2024AY 2016-17

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 999/Chny/2023 िनधा"रणवष" / Assessment Year: 2016-17 Kumarasamy Pillai Aparna, Deputy Commissioner Of V. No. 43, Kannadasan Salai, Income Tax, T.Nagar, Srds, Non-Corporate Circle -7(1), Chennai – 600 017. Chennai. [Pan:Afzpa-9359-N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. R. Vikneswaran, Jcit ""यथ"क"ओरसे/Respondent By : Shri. T. Vasudevan, Advocate सुनवाई क" तारीख/Date Of Hearing : 03.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 31.07.2024 आदेश /O R D E R

For Appellant: Shri. R. Vikneswaran, JCITFor Respondent: Shri. T. Vasudevan, Advocate
Section 143(2)Section 143(3)Section 2(47)Section 54

vendee but that is not the case a hand. 22. In addition to the fact that the term "transfer" has been defined under, Section 2(47)of the Act, even if looked at the provisions of Section 54 of the Act which gives relief to a person who has transferred ... regard to the interpretation of Statute pertaining to the tax laws, one can very well interpret the provisions of Section 54 read with Section 2(47) of the Act, i.e., definition of "transfer, which would enable the appellants to get the benefit under Section 54 of the Act. 23. Consequences

Samarjit Singh Chabra, Chennai vs. ITO Non Corporate Ward 14(1), Chennai

In the result, all the appeals filed by the assessee in ITA No

ITA 1646/CHNY/2018[2008-09]Status: DisposedITAT Chennai31 Jul 2024AY 2008-09

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.1623, 1624, 1625 & 1646/Chny/2018 िनधा"रण वष"/Assessment Years: 2007-08, 2009-10, 2010-11 & 2008-09 & W.T.A. Nos. 43 & 44/Chny/2018 Assessment Years: 2007-08, 2008-09 Shri Samarijit Singh Chabra, Vs. The Income Tax Officer/ No. K-10, Sangath Apartments, Wealth Tax Officer, Mgr Nagar, Velachery, Non Corporate Ward – 14(1), Chennai 600 042. Chennai. [Pan: Bfops1703Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 08.05.2024 घोषणा की तारीख /Date Of Pronouncement : 31.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Four Income Tax Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 26.02.2018 Passed By The Ld. Commissioner Of Income Tax (Appeals) 14, Chennai For The Assessment Years 2007-08, 2009-10, 2010-11 & 2008-09. 2. Since, Issues Raised In All The Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 142(1)

deed vide Doc No. 17548/2014 dated 14.12.2019 at Page No. 264 of the paper book. He argued that the transfer in terms of Section 2(47) of the Act is 9 I.T.A. Nos.1623-1625 & 1646 & WTA 43-44/Chny/18 not attracted to the facts of the present case ... sale cum GPA dated 24.10.2008 against G. Ravinder Reddy and four others. The ld. AR argued that no transfer in terms of the section 2(47) of the Act is attracted and pleaded to delete the addition made by the Assessing Officer, which was confirmed

Samarjit Singh Chabra, Chennai vs. ITO Non Corporate Ward 14(1), Chennai

In the result, all the appeals filed by the assessee in ITA No

ITA 1625/CHNY/2018[2010-11]Status: DisposedITAT Chennai31 Jul 2024AY 2010-11

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.1623, 1624, 1625 & 1646/Chny/2018 िनधा"रण वष"/Assessment Years: 2007-08, 2009-10, 2010-11 & 2008-09 & W.T.A. Nos. 43 & 44/Chny/2018 Assessment Years: 2007-08, 2008-09 Shri Samarijit Singh Chabra, Vs. The Income Tax Officer/ No. K-10, Sangath Apartments, Wealth Tax Officer, Mgr Nagar, Velachery, Non Corporate Ward – 14(1), Chennai 600 042. Chennai. [Pan: Bfops1703Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 08.05.2024 घोषणा की तारीख /Date Of Pronouncement : 31.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Four Income Tax Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 26.02.2018 Passed By The Ld. Commissioner Of Income Tax (Appeals) 14, Chennai For The Assessment Years 2007-08, 2009-10, 2010-11 & 2008-09. 2. Since, Issues Raised In All The Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 142(1)

deed vide Doc No. 17548/2014 dated 14.12.2019 at Page No. 264 of the paper book. He argued that the transfer in terms of Section 2(47) of the Act is 9 I.T.A. Nos.1623-1625 & 1646 & WTA 43-44/Chny/18 not attracted to the facts of the present case ... sale cum GPA dated 24.10.2008 against G. Ravinder Reddy and four others. The ld. AR argued that no transfer in terms of the section 2(47) of the Act is attracted and pleaded to delete the addition made by the Assessing Officer, which was confirmed

Samarjit Singh Chabra, Chennai vs. ITO Non Corporate Ward 14(1), Chennai

In the result, all the appeals filed by the assessee in ITA No

ITA 1624/CHNY/2018[2009-10]Status: DisposedITAT Chennai31 Jul 2024AY 2009-10

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.1623, 1624, 1625 & 1646/Chny/2018 िनधा"रण वष"/Assessment Years: 2007-08, 2009-10, 2010-11 & 2008-09 & W.T.A. Nos. 43 & 44/Chny/2018 Assessment Years: 2007-08, 2008-09 Shri Samarijit Singh Chabra, Vs. The Income Tax Officer/ No. K-10, Sangath Apartments, Wealth Tax Officer, Mgr Nagar, Velachery, Non Corporate Ward – 14(1), Chennai 600 042. Chennai. [Pan: Bfops1703Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 08.05.2024 घोषणा की तारीख /Date Of Pronouncement : 31.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Four Income Tax Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 26.02.2018 Passed By The Ld. Commissioner Of Income Tax (Appeals) 14, Chennai For The Assessment Years 2007-08, 2009-10, 2010-11 & 2008-09. 2. Since, Issues Raised In All The Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 142(1)

deed vide Doc No. 17548/2014 dated 14.12.2019 at Page No. 264 of the paper book. He argued that the transfer in terms of Section 2(47) of the Act is 9 I.T.A. Nos.1623-1625 & 1646 & WTA 43-44/Chny/18 not attracted to the facts of the present case ... sale cum GPA dated 24.10.2008 against G. Ravinder Reddy and four others. The ld. AR argued that no transfer in terms of the section 2(47) of the Act is attracted and pleaded to delete the addition made by the Assessing Officer, which was confirmed

Samarjit Singh Chabra, Chennai vs. ITO Non Corporate Ward 14(1), Chennai

In the result, all the appeals filed by the assessee in ITA No

ITA 1623/CHNY/2018[2007-08]Status: DisposedITAT Chennai31 Jul 2024AY 2007-08

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.1623, 1624, 1625 & 1646/Chny/2018 िनधा"रण वष"/Assessment Years: 2007-08, 2009-10, 2010-11 & 2008-09 & W.T.A. Nos. 43 & 44/Chny/2018 Assessment Years: 2007-08, 2008-09 Shri Samarijit Singh Chabra, Vs. The Income Tax Officer/ No. K-10, Sangath Apartments, Wealth Tax Officer, Mgr Nagar, Velachery, Non Corporate Ward – 14(1), Chennai 600 042. Chennai. [Pan: Bfops1703Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 08.05.2024 घोषणा की तारीख /Date Of Pronouncement : 31.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Four Income Tax Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 26.02.2018 Passed By The Ld. Commissioner Of Income Tax (Appeals) 14, Chennai For The Assessment Years 2007-08, 2009-10, 2010-11 & 2008-09. 2. Since, Issues Raised In All The Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 142(1)

deed vide Doc No. 17548/2014 dated 14.12.2019 at Page No. 264 of the paper book. He argued that the transfer in terms of Section 2(47) of the Act is 9 I.T.A. Nos.1623-1625 & 1646 & WTA 43-44/Chny/18 not attracted to the facts of the present case ... sale cum GPA dated 24.10.2008 against G. Ravinder Reddy and four others. The ld. AR argued that no transfer in terms of the section 2(47) of the Act is attracted and pleaded to delete the addition made by the Assessing Officer, which was confirmed

Basabdutta Dutta., Bankura vs. ITO, Ward- 3(1), Kenduadihi

The appeal of the assessee stands allowed

ITA 868/KOL/2023[2014-15]Status: DisposedITAT Kolkata10 Jul 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.868/Kol/2023 Assessment Year: 2014-15 Basabdutta Dutta…………………..……………………....………....Appellant Kayasthapara, P.O+Dist – Bankura, Pin-722101. [Pan: Adtpd8748C] Vs. Ito, Ward-3(1), Bankura….................................................…..…..... Respondent Appearances By: Shri S. M. Surana, Advocate & D.K. Sen, Advocate, Appeared On Behalf Of The Appellant. Shri Sallong Yaden, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 13, 2024 Date Of Pronouncing The Order : July 11, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 06.07.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That The Ld. Cit(A)(Nfac) In Consideration Of The Facts & Circumstances Of The Case, Erred In Confirming Disallowance On Account Of Exemption Of Rs.1,65,52,344.00 Claimed U/S 54F On Return Of Income. 2. For That The Ld. Cit(A)(Nfac) In Consideration Of The Facts & Circumstances Of The Case, Is Not Justified To Confirm Addition Of Rs.7,38,588.00 Made U/S 56(2)(Vii) 3. For That The Appellant Reserves His Right To Add To, To Alter, To Amend The Grounds & To Adduce Paper & Document At The Time Of Hearing.”

Section 250Section 54FSection 56(2)(VII)

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘ए’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri