Chd ITAT dismisses batch of appeals on issue of transfer of membership rights in Pbi Co-op Society

Chandigarh ITAT pronounces 165 pages ruling on development agreement taxability involving over 2 dozen appeals; Capital gains on land taxable in the year when Joint Development Agreement (JDA) entered; JDA alongwith irrecoverable power of attorney & handing over of possession, results into transfer of capital asset; Definition of transfer as per clause (v) of Sec…

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Escrow Money under SPA can’t be attached for Company’s tax dues – Delhi HC

Part share sale consideration kept with Bank as ‘Escrow’ under Share Purchase Agreement (SPA), cannot be demanded by AO towards tax liabilities of the Company whose shares are transferred; A company is independent entity completely distinct from its shareholders; Neither SPA nor Escrow Agreement provides for any contingency which would enable company whose shares are…

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SC sets aside Gujarat HC wherein notice u/s 153C was originally quashed

Assessee must exhaust alternate remedy before filing writ petition; Gujarat HC wrong to have entertained writ petition of assessee at initial stage of issuance of show cause notice; Sets aside Gujarat HC order quashing the show cause notices, directs assessee to file reply to notice; Assessee to exhaust all available remedies under Income Tax Act…

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Certificate as ITP issued by CIT, mandatory to practice before Revenue authorities and ITAT

Certificate of registration as “Income Tax Practitioner” (ITP) issued by CIT, mandatory to practice before Revenue authorities and ITAT; Mere possession of educational qualification or passing prescribed exams not sufficient; Without certificate of registration from CIT, person not authorised to appear before Revenue and ITAT; Filing of combined power of attorney by advocate and ITP,…

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Madras HC holds Sec 292B cant cure irregularity committed by revenue

Block assessment u/s 158BC not valid in case of consequential search on assessee based on material found in search of another person; Provisions of Sec. 158BD applicable in such case; Revenue not permitted to follow time limit applicable to assessment u/s 158BD in respect of assessment made u/s 158BC; Sec. 292B cannot cure every irregularity,…

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Delhi HC holds derivative loss as speculative

Loss from trading of derivatives in shares held as ‘deemed speculative’; When underlying asset (i.e. shares) is covered by Sec 73 explanation, derivatives deriving its values from shares falls within the Explanation to Sec 73(4); Overrules ITAT ruling; Exclusion of derivatives from definition of speculative transactions u/s 43 limited to computation of business income; It…

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Madras HC Upholds Sec 54EC exemp before set-off of long term capital loss

Exemption u/s 54EC for investment in specified bonds available on long term capital gains (LTCG) before set-off of long term capital loss (LTCL); Rejects Revenue’s contention that effect of Sec 70(3) (loss set off) to be given before Sec. 54EC; Sec. 54EC not on different footing vis-a-vis similar sections (like Sec. 54/ 54EA/ 54EB) despite…

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