Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2020 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (3) TMI 504 - HC - Income TaxCapital gain u/s 45 - transfer of capital asset u/s 2(47) - whether assessee have not acquired any right to receive income under the JDA? - HELD THAT:- In the light of the ratio laid down in Balbir Singh Maini's case [2017 (10) TMI 323 - SUPREME COURT] as affirmed in the Judgment in Seshasayee Steels' case [2019 (12) TMI 702 - SUPREME COURT] the questions as to the transfer exigible to tax with reference to Section 2[47][v] of the Income Tax Act, 1961 read with Section 53-A of the Transfer of Property Act, 1882, is remanded to the Assessing Officer for fresh consideration and adjudication and the Assessing Officer shall complete the said exercise in accordance with law as expeditiously as possible.
|