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2 results for “capital gains”+ Section 1Aclear

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Key Topics

Section 41(1)4Section 2(47)(v)3Section 53A2Section 452Section 143(1)(a)2

A.T.SHERIFF vs. COMMISSIONER OF INCOME TAX

The appeal is allowed

ITA/66/2017HC Kerala29 Mar 2021

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

For Respondent: COMMISSIONER OF INCOME TAX
Section 148Section 2(47)Section 2(47)(v)Section 260ASection 45Section 53A

gains were imposed on the transaction. The Punjab and Haryana High Court held that the possession delivered was as a licensee for development of the property and not in the capacity of a transferee and that in the absence of registration of the agreement, it cannot be treated as one falling under section 53A of the TP Act. On appeal

M/S.CARBON AND CHEMICALS (INDIA) LTD vs. THE COMMISSIONER OF INCOMETAX, KOCHI

ITR/70/2000HC Kerala01 Mar 2021

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

For Respondent: THE COMMISSIONER OF INCOMETAX
Section 143(1)(a)Section 201Section 256(1)Section 41(1)Section 41(1)(a)

1A) of the Act. Thus, a total amount of Rs.23,03,498/- was paid by the assessee towards tax and interest due to the department against the deduction claimed towards royalty payable to the foreign collaborator. In the AY 1995-96, the amount claimed as deduction for the AY 1990-91, excluding TDS and interest paid, was written back