Bombay High Court: Upholding the decision of the Income Tax Appellate Tribunal, a division bench comprising of SC Dharamadhikari and GC Kulkarni, JJ held that transfer of a business undertaking as a going concern against bonds and preference shares issued was not a sale, but an exchange. Subsequently, section 2(42C) and section 50B of the Income Tax Act, 1961 relating to the computation of capital gains were not applicable to such a transfer. In the present case, the respondent company had transferred its lift division to another company by way of a slump sale and as consideration for the transfer, preference shares and bonds were allotted by that company to the respondent. The taxpayer claimed that the transfer was an 'exchange' and not a 'sale' and therefore, was not taxable as slump sale. However, this was not accepted by the Tax Officer. The company then appealed to the Tribunal which accepted its contentions. Aggrieved by the decision of the Tribunal, CIT moved the High Court. The Bombay High Court relying on the findings and observations of the Tribunal, also concluded that the entire scheme of arrangement envisaged that the transfer of the lift division was not for any monetary consideration, thus it was a case of exchange and not sale. The Court distinguished the facts of this case with the Delhi High Court ruling of SREI Infrastructure Finance Limited (SIFL) vs. Income Tax Settlement Commission, Writ Petition Civil No. 1592/2012 where the consideration was in terms of money as well as shares, thus the transfer could not be termed as an exchange in that case. [Commissioner of Income Tax vs. Bharat Bijlee Limited, Income Tax Appeal No. 2153 of 2011, decided on May 9, 2014]
Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...
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