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Income Tax

Section 56(2)(viib) Inapplicable for Share Allotment at Premium by Subsidiary to Holding Company

Case Law Details

Case Name
ITO Vs K V Global Pvt. Ltd. (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
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ITO Vs K V Global Pvt. Ltd. (ITAT Delhi) In a significant ruling by the Income Tax Appellate Tribunal (ITAT) Delhi, dated 13th December 2023, the case of ITO Vs K V Global Pvt. Ltd. highlighted the applicability of Section 56(2)(viib) of the Income Tax Act, 1961, concerning share premium transactions between subsidiary and holding companies. This decision provides clarity on the taxation aspect of share premiums recorded by companies, especially in cases where shares are issued at a premium to their holding companies. Background of the Case K V Global Pvt. Ltd., engaged in the import and trade...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 17,295

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