Property Act, Shri Toprani argued that 'exchange' contemplates mutual transfer of properties, of which both the parties should be respective owners ... defines "exchange" as under :-
118. When two persons mutually transfer the ownership of one thing for the ownership of another, either thing
disallowance on account of transfer fee. However, by mistake the premium on transfer fee was treated as transfer fee. We have examined the records ... transfer de hors such contribution. The payment of transfer money was a condition precedent for executing the transfer. As a result of transfer the society
disallowance on account of transfer fee. However, by mistake the premium on transfer fee was treated as transfer fee. We have examined the records ... transfer do hors such contribution. The payment of transfer money was a condition precedent for executing the transfer. As a result of transfer, the Society
Court did not consider the applicability of the doctrine of mutuality to the transfer fees received from members. Regarding the decision of Tribunal ... transfer, the society may decline to give its consent for transfer if it considers the person to whom the members' interest is being transferred
business for which the consideration for the transfer is
determined as a lumpsum amount by mutual agreement between the parties to the
transaction. The issue ... consideration for a sale of goods ".
"When two persons mutually transfer the ownership of one thing for the
ownership of another, neither thing
making additions on account of subsidy for painting, transfer fees and
also transfer fees received in advance. Subsequently, the Ld. CIT (A)
allowed assessee ... issue of taxability of any amount
received as transfer fees on the concept of Mutuality and has set to
rest the controversy regarding its payment
house property; and (ii) determination of long term
capital loss on transfer of mutual fund units at Rs. 5,95,975/- as
against revised claim ... Second ground concerns quantification of long term capital loss
on transfer of mutual fund units.
16. As pointed out on behalf of the assessee, certain
involvement of any monies/funds, the shares at premium have been
mutually transferred through barter system. The AO noted the worth of
M/s Line
exchange" involves the transfer of property by one person
to another and reciprocally the transfer of property ... that
other to the first person. There must be a mutual transfer of
ownership of one thing for the ownership of another.
A "relinquishment
exchange" involves the transfer of property by one person to another and
reciprocally the transfer of property ... that other to the first person. There
must be a mutual transfer of ownership of one thing for the ownership of
another.
A "relinquishment