Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Capital gains from an immovable-property transfer are taxable in the year the registered agreement completes the transfer under section 2(47)(i), notwithstanding later receipt of consideration or delivery of possession. The notes explain that a registered agreement executed on 28 March 2016 therefore fixes taxability in AY 2016-17, with no allocation to AY 2017-18. Where the vendor was identified as absolutely entitled to transfer the property and confirming parties had no proprietary interest, the entire gain is assessable to that owner; a subsequent family settlement does not alter ownership at the transfer date. Taxes paid, collected, or deducted in AY 2017-18 relating to the same transfer should be credited against the AY 2016-17 liability to prevent retention of tax attributable to income assessed in the correct year.
Capital gains from an immovable-property transfer are taxable in the year the registered agreement completes the transfer under section 2(47)(i), notwithstanding later receipt of consideration or delivery of possession. The notes explain that a registered agreement executed on 28 March 2016 therefore fixes taxability in AY 2016-17, with no allocation to AY 2017-18. Where the vendor was identified as absolutely entitled to transfer the property and confirming parties had no proprietary interest, the entire gain is assessable to that owner; a subsequent family settlement does not alter ownership at the transfer date. Taxes paid, collected, or deducted in AY 2017-18 relating to the same transfer should be credited against the AY 2016-17 liability to prevent retention of tax attributable to income assessed in the correct year.
Note: It is a system-generated summary and is for quick reference only.
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