Taxability in the hands of partners v/s firm - transfer of ...

Transferring assets like flats from a firm to partners is taxable u/s 45(4), but may be exempt under 80IB(10).

March 21, 2023

Case Laws     Income Tax     AT

Taxability in the hands of partners v/s firm - transfer of capital asset by firm to partners - There is no merit in the arguments advanced by assessee, that transfer of flats to partners by way of MOU does not give rise to any income in the hands of the firm, because as per provisions of section 45(4), transfer of capital asset by firm to partners is a transfer which need to be dealt in accordance with law. - The income is taxable in the hands of firm - However, the same is exemption u/s 80IB(10) - AT

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