Tribunal held that transfer of land owned by partnership firm to its partners, transferred at cost by book entry which is Adjusted against capital balance of partner is not taxable as capital gains. Tribunal relied on the Judgement of Bombay High Court in CIT v. Mehta and Bros (1995) 214 ITR 716 (Bom)(HC), where in the Court held that the transfer of immoveable property belonging to the firm to its partners by means of book entry is not valid. Tribunal held that once the transfer is treated as not valid because of mere passing of book entry, there cannot be any capital gain. Addition is deleted. (AY. 2017-18) (ITA No. 691 /Pune /2024 dt.25-10-2024)
Rajkamal Stone Metal Works v. ACIT(2024) Chamber’s Journal-December-P.99 (Pune)(Trib)
S. 45 : Capital gains-Transfer of land owned by partnership firm to its partners-Transferred at cost by book entry-Adjusted against capital balance of partner-Not taxable as capital gains. [S. 2(47)]
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