Appellate Tribunal was
erred in holding that the conditions of Section
47(xiii) of the Income Tax Appellate Tribunal,
1961 had been complied with ... required and thus as against the exemption clause provided under
Section 47(xiii) of the Act and consequently, the amount so appreciated on
revaluation should
dated 16.03.2016 on the ground that the
provisions of section 47(xiii) of the Act have not been fulfilled by the
assessee and thereby made ... Madras) held as follows:
" Section 2(47) , read with sections 45 and 47(xiii) , of the Income-tax Act,
1961- Capital gains - Transfer (Conversion
Shri Jatin Kanubhai Kotadia and Ors. .
prescribed u/s. 47(xiii)(b) at the time of conversion of the Firm into
Company; thus the assessee ... Madras) held as
follows:
" Section 2(47) , read with sections 45 and 47(xiii) , of the Income-tax
Act, 1961- Capital gains - Transfer (Conversion
violated the
mandate of proviso to clause (d) of section 47 (xiii) of the Act and
hence, exemption from capital gain enjoyed by the assessee ... position did not change in
terms of non-compliance of section 47(xiii) by reason of the
premature transfer of shares. The Revenue preferred writ
opinion
that the applicability of section 47(xiii)(b) at the time of conversion
of the Partnership Firms into Companies can be considered only
takeover procedure as provided in Section 47 (xiii) of the Income
Tax Act, 1961 vide takeover cum succession deed on a going concern
basis.
Further ... existing business by way of
takeover procedure as provided in Section 47(Xiii) of the Act on a going
concern basis vide takeover cum succession
case of a transfer covered u/s. 47(xiii) . Whether the said
transfer amounts to a slump sale, attracting s.50B , a matter arising
over-ruled TRF Limited
Judgment of Hon'ble Supreme Court?
XIII. Conclusion
XIV. Petition seeking execution of Ex-Parte Award passed by a
Unilaterally ... length.
(I) Scope of Judicial Intervention by Execution Court under
Section 47 CPC.
1. This Execution Petition has been filed under Section 36 of Arbitration
recognised stock exchange in
India as referred to in clause (xiii) of section 47 , there shall be included the
period for which the person ... stock exchange in India as re-ferred to in clause(xiii) of section
47 , there shall be included the period for which the person
available, create
supernumerary post in accordance with
Chapter XIII of IREM Vol.1 and section 47
of Act 1 of 1996."
1. In view ... available, create supernumerary post in
accordance with Chapter XIII of IREM Vol.1 and
section 47 of Act 1 of 1996. The entire exercise
shall
