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    <title>2017 (9) TMI 171 - KERALA HIGH COURT</title>
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    <description>The court concluded that a sole proprietor and his business concern cannot be treated as separate entities for tax purposes. Any amount shown as a loan from the business to the proprietor was deemed invalid. The court emphasized the need to comply with all conditions under section 47(xiv) of the Income-tax Act for capital gains tax exemption, noting that the proprietor failed to meet the criteria. The Tribunal&#039;s treatment of the amount as a loan was overturned, and the Commissioner&#039;s order to tax the goodwill amount was upheld. The appeal was allowed with no costs.</description>
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    <pubDate>Mon, 10 Apr 2017 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=347414</link>
      <description>The court concluded that a sole proprietor and his business concern cannot be treated as separate entities for tax purposes. Any amount shown as a loan from the business to the proprietor was deemed invalid. The court emphasized the need to comply with all conditions under section 47(xiv) of the Income-tax Act for capital gains tax exemption, noting that the proprietor failed to meet the criteria. The Tribunal&#039;s treatment of the amount as a loan was overturned, and the Commissioner&#039;s order to tax the goodwill amount was upheld. The appeal was allowed with no costs.</description>
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      <pubDate>Mon, 10 Apr 2017 00:00:00 +0530</pubDate>
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