Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 Highlights - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Income Tax
  • Direct Taxes
  • Benami Property
  • Central GST Laws
  • SGST - State GST Laws
  • Customs
  • FTP - Foreign Trade Policy
  • SEZ - Special Economic Zone
  • FEMA - Foreign Exchange Management
  • Companies Law
  • SEBI - Securities & Exchange Board of India
  • IBC - Insolvency and Bankruptcy
  • Law of Competition
  • PMLA - Money-Laundering
  • Indian Laws
  • Bill / Finance Bills
  • Wealth Tax
  • Service Tax
  • Central Excise
  • VAT / Sales Tax
Month:
---- All Months ----
  • ---- All Months ----
  • January
  • February
  • March
  • April
  • May
  • June
  • July
  • August
  • September
  • October
  • November
  • December
Year:
---- All Years ----
  • ---- All Years ----
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
    Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
    Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
    Redemption premium on business-funding FCCBs is revenue expenditure and may be spread across the prescribed maturity period.
    Pre-commencement project receipts remain capital when tied to installation, while infrastructure deductions follow the taxpayer's chosen initial year.
    Tax deducted at source must be considered before prosecuting delayed return filing where the statutory exception applies.
    Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
    Notional interest under mercantile accounting cannot be imputed where debtors lack business activity and interest recovery is unsupported.
    India-Netherlands treaty taxation: executive search fees and cost reimbursements may fall outside technical services taxation.
    Kachha arhtia turnover excludes principals' sale proceeds; tax-audit penalty fails where no books existed for audit.
    Foreign income taxed in final settlement proceedings cannot be reassessed under the Black Money Act, preventing double taxation.
    Outright software purchases treated as business profits, eliminating withholding where the foreign seller lacks an Indian permanent establishment.
    Interest on partners' running accounts and lender accruals remains deductible where tax is deducted and recipients report income.
    Business closure expenditure fails the section 37(1) test, while unsupported estimated foreign exchange loss disallowance cannot stand.
    Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
    Interest accrual, related investment disallowance, loan genuineness and unquoted-share valuation govern the respective tax adjustments and remand.
    Independent corroboration and proven nexus govern additions based on retracted statements, loose sheets, and third-party records.
    Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
    Bad-debt deduction for share-broking client dues is available on account write-off without proving actual irrecoverability.
    Show cause notice limits and unreliable statements resulted in penalties for alleged courier-based gold smuggling being set aside.
    Customs confiscation requires specific notice, hearing and proof of import contravention before penalties or redemption fine may arise.
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

    Highlights
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries

    Highlights

    Back

    All Highlights

    Showing Results for :
    Reset Filters
      No Records Found

      Highlights

      Back

      All Highlights

      whatsappJoin Channel
      Showing Results for : Reset Filters

      Taxation of long-term capital gains arising from a development...

      Taxation of Capital Gains in Joint Development Agreement Validated; Territorial AO's Jurisdiction Confirmed by ITAT.

      Contents
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Income TaxNovember 19, 2024Case LawsAT
      Taxation of long-term capital gains arising from a development agreement u/s 153C read with Section 144C(3) of the Income Tax Act. The assessee, being an NRI, was assessed to have no source of income in India and was taxable under the residual charge at Delhi. The jurisdiction of the Assessing Officer (AO) u/s 153C read with Section 144C(3) was challenged, but the ITAT held that the AO having territorial jurisdiction where the property is situated and where the necessary documents/information is available should be the appropriate forum for adjudication. Section 127 was not applicable as there was no transfer of jurisdiction from one authority to another. The ITAT upheld the CIT(A)'s decision that a transfer took place on account of the Joint Development Agreement (JDA) entered on 30.12.2015, as the assessee was entitled to receive built-up flats, indicating a transfer of land/capital asset. The taxable event occurred in the assessment year 2016-17, and the income was rightly charged in that year. The valuation of the property at Rs. 5,000 per sq.yd by the AO was upheld, rejecting the registered valuer's valuation of Rs. 8,000 per sq.ft, as the valuation report did not.

      Topics

      ActsIncome Tax