transfer for the purpose of
capital gain u/s.47(xiii). Thus, the claim of depreciation on assets acquired under such
transfer is restricted only ... company. In absence of a
similar provision for succession u/s. 47(xiii), the firm could revalue
the assets before conversion and the company would
therefore, the case of the assessee
was covered under Section 47(xiii) of the Act. It is
9
further submitted that 5th proviso to Section ... transfer of capital asset. It is further submitted that
Section 47(xiii) only takes out succession of transfer of
capital asset or intangible asset within
Urmin Marketing Pvt. Ltd, Ahmedabad vs The Dcit, Circle-4(1)(1), Ahmedabad on 21
upon succession, even when all the conditions as
envisaged in section 47(xiii) of the Act were satisfied."
So that was the only ground
depreciation on transfer of assets in case of succession referred in 47(xiii ... 47(viib) and 47(xiv) or section 170(1) or to the amalgamating company or to the
demerged company.
18. Section 47(xiii) deals with
failed to realize that conditions precedent
being met for succession under 47(xiii) the claim for
depreciation made on the assets on the date ... provisions under section 47 which provide for certain
transactions which though are transfer within the meaning
of transfer under 2(47) are not treated
Torrent Power Ltd.,, Ahmedabad vs The Acit.,(Osd)Circle-8,, Ahmedabad on 5 March, 2020
Shivashankar H. Manur, Advocate )
AND:
1. Mothilal S/o M. Arumugum,
Age: 47 years, Occ: Business &
Owner of the Truck ... passed by the IV
3
Addl. District Judge & Member, MACT-XIII, Vijayapur in
MVC No. 845/2016.
MFA NO.201615/2017
BETWEEN:
The Branch
pleased to set
aside the Judgment and Decree In Os.NO. 47 of 2011 on the file of the Hon'ble XiIll
Additional District ... dated. 22-05-2020 passed in OS.No. 47 of 2011 on the file of the XIII Additional
District Judge, Vijayawada, including the execution petition
Judgment and
Decree in OS.No. 47 of 2011 on the file of the Hon'ble XIII Additional District Judge, Vijayawada
with costs ... passed in OS.No. 47 of 2011 on the file of the Hon'ble XIII Additoinal District
Judge, Vijayawada, including the execution petition, pending
