(iii) Advocates must demonstrate for the clientele the scope of Posting 226 right before their purchasers elect to file Writ petitions notably as alternate remedy exists typically beneath Earnings tax act.
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Courtroom also pointed out that there was no attempt in any respect to lessen the tax liability by using the trust structure. Once the provisions with the Believe in Deed presented that assessee has right to reassume electricity above your complete revenue arising within the investments made by the trust during the portfolio organizations, the complete profits arising there from has to be regarding part 61 being assessed inside the fingers of assessee. This would mean the exemption less than report 24 of India-UAE DTAA could be attracted.
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To paraphrase, the dispute is confined for the yr of chargeability. seven. Beneath Area 2(forty seven)(v), any transaction involving making it possible for of possession to become taken in excess of or retained partially performance of a deal of the nature referred to in Portion 53A from the Transfer of House Act would arrive in the ambit of Section two(forty seven)(v). That, to be able to draw in Area 53A, the subsequent situations should be fulfilled. There must be a deal for thing to consider ; it ought to be in crafting ; it should be signed by the transferor ; it really should pertain to transfer of immovable home ; the transferee must have taken possession in the residence ; lastly, the transferee should be ready and prepared to carry out his A part of the contract. That even preparations confirming privileges of ownership with out transfer of title could fall below Section two(47)(v). Segment two(47)(v) was introduced while in the Act with the assessment calendar year 1988-89 for the reason that prior thereto, in most cases, it was argued on behalf in the assessee that no transfer happened till execution of the conveyance. Therefore, the assessees accustomed to enter into agreements for creating Attributes While using the builders and underneath the arrangement Along with the builders, they accustomed to confer privileges of possession without the need of executing conveyance and also to plug that loophole, Segment 2(47)(v) came being launched within the Act.
it absolutely was held “exactly where the jurisdictional situation is included the exact same should be strictly complied with with the authority worried and no doubt of knowledge staying attributed on The idea of implication can arise.
My detailed consideration of regulation on reopening further than fours which had shaped the basis for my subsequent conclusions was in the situation of
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दिल्ली में वकील से मारपीट, प्रॉपर्टी विवाद को लेकर हुआ था विवाद
8. It absolutely was argued on behalf with the assessee that there was no successful transfer till grant of irrevocable licence.
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(vi) Once we had been around the bench, quite a few matters remained unattended given that the AOR was not on the Panel. These issues would carry on getting adjourned over and over. No substitute is appointed instantly.
'मेरे साथ धोखा हुआ है जज साहब': हाईकोर्ट पहुंचा पति, बोला- मेरी पत्नी ट्रांसजेंडर है, उसकी मेडिकल जांच कराई जाए