Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
Section 43CA does not apply to a land-sale transaction where the...
Pre-enactment land-sale agreements escape stamp-duty value substitution where substantial banking-channel consideration was received before Section 43CA commenced.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Section 43CA does not apply to a land-sale transaction where the agreement to sell was executed and substantial non-cash consideration was received through banking channels before the provision came into force. Although registration occurred later, it merely fulfilled contractual obligations substantively discharged before enactment. Section 43CA, which substitutes stamp-duty value for consideration on transfer of land or buildings held as stock-in-trade, could not be invoked retrospectively in these circumstances. A contrary precedent was distinguishable because payment through account-payee cheques at the agreement stage had not been established there. The stamp-duty valuation addition was deleted, making the valuation-reference plea unnecessary.
Section 43CA does not apply to a land-sale transaction where the agreement to sell was executed and substantial non-cash consideration was received through banking channels before the provision came into force. Although registration occurred later, it merely fulfilled contractual obligations substantively discharged before enactment. Section 43CA, which substitutes stamp-duty value for consideration on transfer of land or buildings held as stock-in-trade, could not be invoked retrospectively in these circumstances. A contrary precedent was distinguishable because payment through account-payee cheques at the agreement stage had not been established there. The stamp-duty valuation addition was deleted, making the valuation-reference plea unnecessary.
Note: It is a system-generated summary and is for quick reference only.