S. 54B : Capital gains-Land used for agricultural purposes-Land was not used for agricultural purposes for two years immediately preceding date of transfer-Not entitle to exemption. [S. 45]
S. 54B : Capital gains-Land used for agricultural purposes-Land was not used for agricultural purposes for two years immediately preceding date of transfer-Not entitle to exemption. [S. 45]
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Transfer of development rights-Notionally assignment of development rights-Provision is not applicable.[S. 45]
S. 50 :Capital gains-Depreciable assets-Block of assets-Immovable property-Stamp value and actual consideration-Matter is remanded to Assessing Officer for de novo consideration as per the provisions of section 43CA read with section 50C of the Act.[S.43CA, 45, 50C]
S. 48 : Capital gains-Mode of Computation-Sale consideration-Joint development agreement-Merely on the basis of statement-Addition cannot be made.[S. 45, 132(4)]
S. 48 : Capital gains-Mode of Computation-Cost of acquisition-Unaccounted receipts taxed as part of capital gains, related unaccounted expenditure cannot be taxed separately-Cash payments related to personal expenses, were sourced from unaccounted receipts-Personal expenditure is deleted. [S.45 69C]
S. 44C : Non-residents-Head office expenditure-Head office expenses-Allocated to PE in India-Allowed full-Prior to amendment of article 7(3) of India-UAE DTAA by way of protocol dated 28-11-2007-Expenditure incurred outside India exclusively for operations of Indian branches would not fall within ambit of section 44C-Allowable in full-DTAA-India-UAE [Art. 7]
S. 43CA : Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Developer-Booking of flat-Addition is deleted.[S. 43CA(3), 43CA (4), 50C]
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Bad debts written off-Matter is remanded for de novo consideration.[S. 131, 133(6)]
S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Payments were made on bank holidays-Issue is restored back to file of Assessing Officer for examination afresh.
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Payment of advisory fee to a foreign company-Not fees for technical services-Not liable to deduct tax at source-DTAA-India-Singapore. [S. 9(1)(vii), 195, Art. 12]