Section 2 in The Income Tax Act, 1961
2. Definitions.
In this Act, unless the
section 47 and section
49 of the Act, it is clear that section 47 deals with the transaction not
regarded as transfer whereas section ... sections
operate and work in different forum and there is no over-lapping of the
section. It held that section 47(xiii) provides that
purposes of capital
gains under section 45(4) of the Act. By insertion of section 47(xiii)
in the Act, it cannot be said that ... firm
within the meaning of section 45(4) and only if condition as
contained in section 47(xiii) are complied, the exemption will be
available
47(xiii)(b) are not
satisfied?
(2) When any of the conditions mentioned in
proviso to clause 47(xiii)(b) are not
complied, would Section ... gains
tax liability by virtue of Section 47(A)(3) of the Act read
with Section 47(xiii
u/s 2(14) of the Act and similarly Section 2(47) of the Act
defines the transfer in relation to a capital asset. Section ... xiii)
of Sec 47 of the Act in which the statute imposed some conditions by
way of proviso to Section 47 (xiii
insertion of Section 47(xii) has not changed the situation. Section 47(xiii) merely excludes certain transfer from the purview of the definition ... purposes of capital gains Under Section 45(4) of the Act. By insertion of Section 47(xiii) in the Act, it cannot be said that
understanding of the issue at hand we reproduce the
provisions of section 47(xiii) of the Act as below:
[(xiii) 18[any transfer ... company is exempt from tax if certain conditions as specified under section
47(xiii) are fulfilled. In the present case, before us, the company
provisions of section 47A(3) .
2.4 The CIT failed to appreciate that the conditions enumerated in the
Proviso to sec.47(xiii) are satisfied ... issue on which provisions of section 263 have been invoked. There is
no specific provision provided under section 47(xiii) of the Income
Proviso to section 32(1)(ii) is clearly applicable in the instant case. This
provision includes clause (xiii) of section 47 i.e. conversion ... following cases of succession of firm by a company as per Section
47(xiii), depreciation has been allowed on revalued amount:
a) DCIT v Suyash
under section 48 de
hors section 45(4) and if one reads section 48 with section 45(1) de hors
section 45(4) then ... principle even for purposes of
capital gains under section 45(4) . By insertion of section 47(xiii) , it
cannot be said that the conversion