section 56

Intricacies Involved In Gifts: To And From HUF

Finance - In the previous article on HUF, we had discussed about the meaning of HUF, its formation, creation of corpus of HUF and how it can be used as a legal tax saving tool. In one of the ways the corpus of Hindu undivided family can be created by receiving gifts from relatives....

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Section 43CA – Stamp Duty Value- Safer Harbour limit increased to 20%

Finance - Increase in safe harbour limit of 10% for home buyers and real estate developers selling such residential units under Union Budget 2021 to 20% for certain transfer during the period from 12th November, 2020 to 30th June, 2021 Section 43CA of the Act, inter alia, provides that where the consideration declared to be received or […]...

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All About Provision of Section 56(2)(X) of Income Tax Act, 1961

Finance - Background of the provision: Over the period of time, the Government of India has time to time amend these provisions. Before 2017 Gift was taxable in hands of Individual, HUF, Firm and Closely held Company at tax is levied at the rates prescribed by Finance Act. The scope of chargeability under the said section can […]...

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Cash Transactions in Agriculture Sector- Income Tax Provisions

Finance - In India, a large population is engaged in the agriculture sector and there are numerous transactions regarding sale and purchase of agriculture produce. The farmers sell their agriculture produce to Pacca Arahtias i.e. traders through kachha Arahtias. Kachha arahtia are commission agents and are only facilitators of auctions/sales of agr...

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Restrictions on Cash Transactions in Real Estate under Income Tax

Finance - Restrictions on Cash Transactions in Real Estate under Income Tax, 1961 (Section 50C, section 43CA and section 56(2)(x)) ♦ Stakes in transactions in immovable properties are quite high and so are the tax implications. It is not only perceived but an open secret in India that sale transactions of immovable properties are undervalued lead...

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Representation to FM to Widen Scope of Benefit of 20% for flats

Finance - Representation for widening the scope of benefit in case of difference in agreement price and Circle Rate of property is upto 20 per cent for the purpose of Income tax. ...

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Income Tax Exemption to Owners of Unauthorized Colonies In Delhi

Finance - Over 1700 unauthorized colonies in Delhi were regularised in December last year. Owners Delhi’s unauthorised colonies will now get Income Tax Exemption even if they have purchased land or house at rates below the prevailing market price. The Income Tax Department issued a Notification grating the exemption on any immovable property bein...

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Cabinet approves Taxation Laws (Amendment) Bill, 2019

Finance - In order to attract fresh investment in manufacturing and provide boost to 'Make-in India' initiative of the Government, another provision was inserted to the IT Act, to provide that a domestic manufacturing company set up on or after 1st October, 2019 and which commences manufacturing by 31st March, 2023, may opt to pay tax at 15% plus s...

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No scrutiny of Start-ups related to valuations of share premiums 

Finance - Start-ups and their investors filing requisite declarations not to be subjected to any scrutiny regarding valuations of share premiums  E-verification mechanism proposed for establishing identity of the investor and source of his funds TV programme proposed exclusively for Start-ups within the DD bouquet of channels Government to launch ...

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CBDT Circular on anti-abuse provisions in cases of receipt of shares

Finance - Central Board of Direct Taxes had issued Circular 10/2018 dated 31.12.2018 to clarify that provisions of section 56(2)(viia) of the Income-tax Act, 1961 being anti-abuse provisions shall not be applicable in cases of receipt of shares by the specified company or firm as result of fresh issuance of shares including by way of bonus shares, ...

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Section 56(2)(viib) not applies to share issue at face value to Shareholders under Amalgamation Scheme

DCIT Vs Ozone India Ltd. (ITAT Ahmedabad) - DCIT Vs Ozone India Ltd. (ITAT Ahmedabad) In the instant case, pursuant to amalgamation, all assets, liabilities, undertaking of the amalgamating company (KEPL) are agreed to be vested in the amalgamated company( the Assessee) as a going concern. The amalgamated company has issued 300 equity shares ...

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PCIT cannot assume Section 263 jurisdiction when AO has made sufficient enquiry

Ruchi J Oil Pvt. Ltd Vs PCIT (ITAT Indore) - Since there was a detailed enquiry by AO on issue of equity shares to non-residents and after thoroughly discussing the issue in the assessment order, AO had taken a permissible view within the parameters of the law, there remained no room for PCIT to assume the jurisdiction u/s 263....

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No addition for share issued at Premium based on prescribed methodology

PCIT Vs Cinestaan Entertainment Pvt Ltd (Delhi High Court) - PCIT Vs Cinestaan Entertainment Pvt Ltd (Delhi High Court) The law requires determination of fair market values as per prescribed methodology. The Appellant-Revenue had the option to conduct its own valuation and determine FMV on the basis of either the DCF or NAV Method. The Respondent-Assessee bei...

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No Section 56(2)(vii) addition for receipt of Bonus Share

PCIT Vs Dr. Ranjan Pai (Karnataka High Court) - PCIT Vs Dr. Ranjan Pai (Karnataka High Court) The issue which arises for consideration in this appeal is ‘as to whether the fair market value of bonus shares computed as per Rule 11U and Rule 11U A of the Income Tax Rules can be considered as income from other sources as per Section 56(2)(vii)...

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Tax on donation received by private discretionary trust from group companies 

CIT Vs Shriram Ownership Trust (Madras High Court) - CIT Vs Shriram Ownership Trust (Madras High Court) As per the Deed of Trust and the Supplemental Deed, the trust is created to benefit the members of owner group and the senior leader group of Shriram Group who are identified as beneficiaries as per the scheme laid out in the Trust Deed. The method ...

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Income Tax relief for Real-estate Developers and Home Buyers

Release ID: 1672636 - (13/11/2020) - In order to boost demand in the real-estate sector and to enable the real-estate developers to liquidate their unsold inventory at a rate substantially lower than the circle rate and giving benefit to the home buyers, it has been decided to further increase the safe harbour from 10% to 20% under sec...

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Rule 11UAC Exemption from deeming provisions of section 56(2)(x)

Notification No. 40/2020-Income Tax [G.S.R. 421(E)] - (29/06/2020) - Rule 11UAC Exemption from deeming provisions of section 56(2)(x)-Prescribed class of persons for the purpose of clause (XI) of the proviso to clause (x) of sub-section (2) of section 56- Income Tax Notification No. 40/2020 dated 29th June, 2020. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL B...

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CBDT revises definition of unauthorised colonies of NCT of Delhi

Notification No. 12/2020-Income Tax [G.S.R. 124(E)] - (17/02/2020) - CBDT has vide Notification No. 12/2020-Income Tax  revises definition of unauthorised colonies of NCT of Delhi for rule 11UAC read with Section Section 56(2)(x). Earlier CBDT has provided vide Notification No. 96/2019-Income Tax dated 11th November, 2019 that Section 56(2)(x)  not applies to speci...

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CBDT notifies more modes of e-payments; 6DD limit reduced to ₹ 10000

Notification No. 08/2020-Income-Tax [G.S.R. 56(E)] - (29/01/2020) - Notification No. 8/2020-Income-Tax- CBDT has notified Other electronic modes by inserting New Income TAx Rule 6ABBA. It also amended marginal heading of rule 6DD and in rule 6DD for the words ‘account payee bank draft, exceeds twenty thousand rupees’, the words, figures and letters ̵...

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Section 56(2)(x) CBDT grants exemption to resident of unauthorised colony

Notification No. 96/2019-Income Tax [G.S.R. 836(E)] - (11/11/2019) - Unauthorised colony means a colony or development comprising of a contiguous area, where no permission has been obtained for approval of layout plan or building plans and has been identified for regularisation of such colony...

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Recent Posts in "section 56"

Section 56(2)(viib) not applies to share issue at face value to Shareholders under Amalgamation Scheme

DCIT Vs Ozone India Ltd. (ITAT Ahmedabad)

DCIT Vs Ozone India Ltd. (ITAT Ahmedabad) In the instant case, pursuant to amalgamation, all assets, liabilities, undertaking of the amalgamating company (KEPL) are agreed to be vested in the amalgamated company( the Assessee) as a going concern. The amalgamated company has issued 300 equity shares of its company at face value for each sh...

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PCIT cannot assume Section 263 jurisdiction when AO has made sufficient enquiry

Ruchi J Oil Pvt. Ltd Vs PCIT (ITAT Indore)

Since there was a detailed enquiry by AO on issue of equity shares to non-residents and after thoroughly discussing the issue in the assessment order, AO had taken a permissible view within the parameters of the law, there remained no room for PCIT to assume the jurisdiction u/s 263....

Read More

No addition for share issued at Premium based on prescribed methodology

PCIT Vs Cinestaan Entertainment Pvt Ltd (Delhi High Court)

PCIT Vs Cinestaan Entertainment Pvt Ltd (Delhi High Court) The law requires determination of fair market values as per prescribed methodology. The Appellant-Revenue had the option to conduct its own valuation and determine FMV on the basis of either the DCF or NAV Method. The Respondent-Assessee being a start-up company adopted DCF method...

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No Section 56(2)(vii) addition for receipt of Bonus Share

PCIT Vs Dr. Ranjan Pai (Karnataka High Court)

PCIT Vs Dr. Ranjan Pai (Karnataka High Court) The issue which arises for consideration in this appeal is ‘as to whether the fair market value of bonus shares computed as per Rule 11U and Rule 11U A of the Income Tax Rules can be considered as income from other sources as per Section 56(2)(vii) of […]...

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Tax on donation received by private discretionary trust from group companies 

CIT Vs Shriram Ownership Trust (Madras High Court)

CIT Vs Shriram Ownership Trust (Madras High Court) As per the Deed of Trust and the Supplemental Deed, the trust is created to benefit the members of owner group and the senior leader group of Shriram Group who are identified as beneficiaries as per the scheme laid out in the Trust Deed. The method of […]...

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AO cannot reject Share valuation method adopted  by Taxpayer Arbitrarily

Bharat Elevators & Engineers Private Limited Vs ITO (ITAT Kolkata)

Bharat Elevators & Engineers Private Limited Vs ITO (ITAT Kolkata) There are two limbs in Section 56(2)(viib) of the Act. As per explanation to Section 56(2)(viib) of the Act, the first limb is valuation to be made as per the prescribed method. In fact, the method for valuation of shares is prescribed under Rule 11UA […]...

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AO cannot reject Valuation report for non-filing of the same during Original or Revision Proceedings

Sri Sakthi Textiles Ltd Vs DCIT (ITAT Chennai)

Sakthi Textiles Ltd Vs DCIT (ITAT Chennai) Coming back to observations of the Assessing Officer regarding valuation report. The Assessing Officer never stated that assessee has not filed valuation report in support of fair market value of shares. In fact, Assessing Officer has categorically admitted that assessee has filed valuation repor...

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Intricacies Involved In Gifts: To And From HUF

In the previous article on HUF, we had discussed about the meaning of HUF, its formation, creation of corpus of HUF and how it can be used as a legal tax saving tool. In one of the ways the corpus of Hindu undivided family can be created by receiving gifts from relatives....

Read More
Posted Under: Income Tax |

Section 43CA – Stamp Duty Value- Safer Harbour limit increased to 20%

Increase in safe harbour limit of 10% for home buyers and real estate developers selling such residential units under Union Budget 2021 to 20% for certain transfer during the period from 12th November, 2020 to 30th June, 2021 Section 43CA of the Act, inter alia, provides that where the consideration declared to be received or […]...

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Posted Under: Income Tax |

Issue of shares at premium- DCF is accepted method of valuation

DCIT Vs Avigna Housing Pvt. Ltd. (ITAT Chennai)

DCIT Vs Avigna Housing Pvt. Ltd. (ITAT Chennai) we are of the considered view that fair market value of shares considered by the assessee under DCF method is one of the accepted method of valuation of shares under Rule 11UA and such value of shares is supported by necessary supporting evidences including valuation report as […]...

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