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#21
Discussion / Ajay Gandhi Judgment of Apex C...
Last post by Ashish kumar - January 12, 2021, 05:23:55 PMIn this case the Apex Court has laid down certain rules regarding the transfer/ posting of the learned members of ITAT, now in these days it appears that the authority vested with the power of transfer is not following the verdict of this case. As it can be seen that many of the members have been given posting at those places where they have practiced. Why Supreme Court is not taking cognizance suo motto
#22
Discussion / Hearing of matters beyond 30 m...
Last post by Ashish kumar - January 12, 2021, 11:57:48 AMHon'ble Delhi High Court is not hearing those matters in which the hearing would go beyond 30 Minutes, now the question is whether ITAT can hear those matters where hearing go beyond 30 minutes, whether it is not incumbent on the President of ITAT who retried as judge of High Court to issue necessary directions vis-a-vis cases required long hearing. The president should have directed to list these cases for physical hearing is the view of the undersigned who is a social worker not an advocate or CA
#23
Discussion / Re: Mutual benefit Society
Last post by katymullin - January 04, 2021, 08:58:34 AMThank you! This helps.
#24
Discussion / Re: Assessments in the year of...
Last post by elafraley - December 15, 2020, 07:45:19 AMthanks, and thing helps
#25
Discussion / Re: Offset long term capital g...
Last post by narendra jain - December 06, 2020, 11:06:44 PMsir
i had purchased a flat wide registered sale deed as per bank norms on 2 /3/2016 with home loan of 1.5 cr
the builder promised to give poseseion indecember 2017
the builder got oc in 2019 december
the builder gave us poseeseion in april 2020
i sold my old flat in november 2020 an amount of 1.8 cr
i want to clear the bank loan will i get long term capital gain benefit as the builder had delayed the posesseion an as we are ajoint family we didnt had any option but to retain our old flat and stay ther till time of posesion
i had purchased a flat wide registered sale deed as per bank norms on 2 /3/2016 with home loan of 1.5 cr
the builder promised to give poseseion indecember 2017
the builder got oc in 2019 december
the builder gave us poseeseion in april 2020
i sold my old flat in november 2020 an amount of 1.8 cr
i want to clear the bank loan will i get long term capital gain benefit as the builder had delayed the posesseion an as we are ajoint family we didnt had any option but to retain our old flat and stay ther till time of posesion
#26
Discussion / Re: Time limit in which a gift...
Last post by sagsha - October 16, 2020, 07:56:39 PMThank you very much for a detailed response to my Post. I assume that I can still gift by Gift Deed to my so called daughter (not biological daughter). Now I shall do the same at the earliest. Can you provide me your mail Id and phone number/s, if I need your help in the matter sometime in future.
V.S.Sharma
Mail Id : sagsha51@gmail.com
Phone 7014052775
V.S.Sharma
Mail Id : sagsha51@gmail.com
Phone 7014052775
#27
Discussion / Re: Time limit in which a gift...
Last post by admin - October 15, 2020, 10:43:53 AMThe following reply has been received from Advocate Shashi Ashok Bekal
On the basis of our understanding of your query, Since, you and your daughter are not legally related, it is precarious to claim exemption under section 56 2(x) of the Income tax Act, 1961 (Act) by virtue of (I) Proviso to section 56 2(x) of the Act i.e. "from a relative".
However, since she got married on August 26, 2020; and as per (II) Proviso to section 56 2(x) of the Act, any sum of money or any property received on the occasion of the marriage of the individual will not attract 56 2(x) of the Act.
Reference is drawn on the judicial precedents to facilitate the interpreting the phrase on the occasion of marriage they are as under:
The Honble High Court of Orrisa in the case of Commissioner of Gift-tax v. Dr. (Mrs.) Neelambai Ramaswamy [1987] 164 ITR 369 (Madras) (Gift tax Act 1958) where nearly eleven months after marriages of her son and daughter assessee gifted certain properties to them by separate gift deeds which stated that gifts were intended to be made at time of marriage but could not be made then because of certain unfortunate events including death of assessees younger son. Tribunal found that delay in making gifts stood satisfactorily explained and assessee was entitled to exemption under section 5(1)(vii) in respect of aforesaid gifts. The Tribunal held that the expression on the occasion of the marriage would mean in relation to the occasion of the marriage.
The revenue contended that the expression on the occasion of the marriage could only mean at the time of the marriage or immediately preceding the marriage and could not be interpreted as meaning any time subsequent to the marriage. Accordingly the order of the Tribunal was upheld and the question was decided against the revenue.
The Honble High Court of Madras in the case of A. Rudrakodi v. CIT [2000] 244 ITR 309 (Mad.) where the assessee made gifts to his married daughter in September 1975 (almost 4 years after her marriage took place in September 1971). As the assessee had certain financial commitments at the time of the performance of the marriage of his daughter he could not make any substantial presentation to his daughter at the time of her marriage. However after some improvements in his financial position he subsequently made a gift of Rs. 15000 to his daughter on September 29 1975. Applying the ratio in Dr. (Mrs.) Neelambal Ramaswamy (supra) the Madras High Court held that this gift has been made on occasion of marriage and allowed the assessee exemption under section 5(1)(vii) of the Gift-tax Act 1958.
The Honble High Court of Madras in the case of CGT v. G. Venkataswamy [1999] 236 ITR 539 (Mad.) where the assessee was a retired inspector of police. His daughter got married on August 25 1964 and the assessee made a gift of land worth Rs. 34000 to his daughter in 1979 (after 15 years from the marriage) and claimed exemption during the course of the assessment proceedings for the year 1979-80 under section 5(1)(vii) of the Gift-tax Act 1958 (hereinafter to be referred to as the Act). The gift deed contained the following recital:
Whereas the donor has not provided with means to live and as he promised at the time of marriage he devised the property described hereunder as unconditional gift for support and maintenance absolutely.
The High Court accepted the finding of the Tribunal (based on the above clause) that there was an earlier promise by the donor at the time of her marriage to make a gift in favour of his daughter and in fulfilment of the earlier promise the assessee transferred the property by way of gift in favour of his daughter. The High Court also accepted the Tribunals finding that the assessee being a retired inspector of police would not have made a false statement in the gift deed just for claiming exemption of Rs. 10000. Applying the ratio in Dr. (Mrs.) Neelambal Ramaswamy (supra) the Madras High Court held that this gift has been made on occasion of marriage and allowed the assessee exemption under section 5(1)(vii) of the Gift-tax Act 1958.
In light of the above judicial precedents it is clear that the phrase on the occasion of marriage does not mean on the date of marriage or immediately preceding the marriage.
Without prejudice the reason for delay in the gift deed can be substantiated on account of the novel corona-virus pandemic. Further the wedding has taken place amidst the pandemic and normalcy has not been restored till date.
Therefore a gift deed for the occasion of marriage can be executed in favour of your daughter who is legally not a relative.
Kind Regards
Shashi Ashok Bekal
C.A. LL.M. (Tax Law)
Tax Litigation & Advisory
Mumbai Delhi
On the basis of our understanding of your query, Since, you and your daughter are not legally related, it is precarious to claim exemption under section 56 2(x) of the Income tax Act, 1961 (Act) by virtue of (I) Proviso to section 56 2(x) of the Act i.e. "from a relative".
However, since she got married on August 26, 2020; and as per (II) Proviso to section 56 2(x) of the Act, any sum of money or any property received on the occasion of the marriage of the individual will not attract 56 2(x) of the Act.
Reference is drawn on the judicial precedents to facilitate the interpreting the phrase on the occasion of marriage they are as under:
The Honble High Court of Orrisa in the case of Commissioner of Gift-tax v. Dr. (Mrs.) Neelambai Ramaswamy [1987] 164 ITR 369 (Madras) (Gift tax Act 1958) where nearly eleven months after marriages of her son and daughter assessee gifted certain properties to them by separate gift deeds which stated that gifts were intended to be made at time of marriage but could not be made then because of certain unfortunate events including death of assessees younger son. Tribunal found that delay in making gifts stood satisfactorily explained and assessee was entitled to exemption under section 5(1)(vii) in respect of aforesaid gifts. The Tribunal held that the expression on the occasion of the marriage would mean in relation to the occasion of the marriage.
The revenue contended that the expression on the occasion of the marriage could only mean at the time of the marriage or immediately preceding the marriage and could not be interpreted as meaning any time subsequent to the marriage. Accordingly the order of the Tribunal was upheld and the question was decided against the revenue.
The Honble High Court of Madras in the case of A. Rudrakodi v. CIT [2000] 244 ITR 309 (Mad.) where the assessee made gifts to his married daughter in September 1975 (almost 4 years after her marriage took place in September 1971). As the assessee had certain financial commitments at the time of the performance of the marriage of his daughter he could not make any substantial presentation to his daughter at the time of her marriage. However after some improvements in his financial position he subsequently made a gift of Rs. 15000 to his daughter on September 29 1975. Applying the ratio in Dr. (Mrs.) Neelambal Ramaswamy (supra) the Madras High Court held that this gift has been made on occasion of marriage and allowed the assessee exemption under section 5(1)(vii) of the Gift-tax Act 1958.
The Honble High Court of Madras in the case of CGT v. G. Venkataswamy [1999] 236 ITR 539 (Mad.) where the assessee was a retired inspector of police. His daughter got married on August 25 1964 and the assessee made a gift of land worth Rs. 34000 to his daughter in 1979 (after 15 years from the marriage) and claimed exemption during the course of the assessment proceedings for the year 1979-80 under section 5(1)(vii) of the Gift-tax Act 1958 (hereinafter to be referred to as the Act). The gift deed contained the following recital:
Whereas the donor has not provided with means to live and as he promised at the time of marriage he devised the property described hereunder as unconditional gift for support and maintenance absolutely.
The High Court accepted the finding of the Tribunal (based on the above clause) that there was an earlier promise by the donor at the time of her marriage to make a gift in favour of his daughter and in fulfilment of the earlier promise the assessee transferred the property by way of gift in favour of his daughter. The High Court also accepted the Tribunals finding that the assessee being a retired inspector of police would not have made a false statement in the gift deed just for claiming exemption of Rs. 10000. Applying the ratio in Dr. (Mrs.) Neelambal Ramaswamy (supra) the Madras High Court held that this gift has been made on occasion of marriage and allowed the assessee exemption under section 5(1)(vii) of the Gift-tax Act 1958.
In light of the above judicial precedents it is clear that the phrase on the occasion of marriage does not mean on the date of marriage or immediately preceding the marriage.
Without prejudice the reason for delay in the gift deed can be substantiated on account of the novel corona-virus pandemic. Further the wedding has taken place amidst the pandemic and normalcy has not been restored till date.
Therefore a gift deed for the occasion of marriage can be executed in favour of your daughter who is legally not a relative.
Kind Regards
Shashi Ashok Bekal
C.A. LL.M. (Tax Law)
Tax Litigation & Advisory
Mumbai Delhi
#28
Discussion / Time limit in which a gift on ...
Last post by sagsha - October 13, 2020, 06:22:03 PMSir, I am a single male aged about 70 years. I am having a deemed daughter( Not legally adopted due to some legal constraints ) who is about 30 years old. Unfortunately she had divorced. Now she is remarried on 26th August 2020. She is in Jaipur and I am living about 200 Kms. away at Beawar. I wished to gift her my flat at Jaipur but due to COVID-19 crisis, I could not dare to go to Jaipur for the purpose. Now I wish to make the Gift deed in her name. Please suggest me that whether it shall be accepted by Income Tax Authorities after such delay. What is time frame normally in such cases. Should I go ahead and make the Gift deed now. Though I have made a will in her name for my all movable and immovable assets. But I apprehend any kind of legal challenge to my will by my brother or sisters, however, there is little chance but I wish to avoid any such circumstances. I know it will prove me little costly due to stamp duty etc.
If possible please site some case example of similar nature, if available.
If possible please site some case example of similar nature, if available.
#29
Discussion / Re: Income tax question? How i...
Last post by Ryan3 - September 07, 2020, 08:34:30 PMEvery person who has a total income that exceeds the exemption limit is liable to furnish Income Tax Return within the due date. Any private, public, domestic or foreign country located and/or doing business.
#30
Discussion / Re: ITAT Delhi rejects Adjourn...
Last post by Rohittiwarica@gmail.com - August 22, 2020, 12:06:35 AMcopy of order is also attached...Yes the right ITA is 1681/Del/2019