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section 56

Latest Articles


Angel Tax Removal: A Boon for Startups?

Income Tax : The removal of Angel Tax is a major relief for startups. Discover implications, benefits, and potential downsides of this signific...

August 4, 2024 1617 Views 1 comment Print

Assessing Officer’s Power to challenge Valuations [wrt Section 56(2)(viiib)]

Income Tax : In Section 56(2)(viib) of Income Tax Act, Assessing Officer's wide discretion on valuation faces constraints from rules and tribun...

June 15, 2024 1791 Views 0 comment Print

Compliance Issues Under Section 56(2)(viiib): A Legal And Commercial Analysis

Income Tax : Discover the Assessing Officer's authority to challenge valuations under Section 56(2)(viib). Learn about valuation methods, legal...

June 15, 2024 1785 Views 0 comment Print

Fair Market Value: A Key Driving Factor in Equity Share Pricing

Income Tax : Learn how Fair Market Value (FMV) impacts issue price of equity shares and tax implications under Income Tax Act. Essential guid...

May 20, 2024 1065 Views 0 comment Print

Tax Implications of Optionally Convertible Preference Shares

Income Tax : The issue involves a subscription amount of Rs. 1 Crores, with a dividend rate of 0.10% over a tenure of 20 years. This brief exam...

April 15, 2024 6978 Views 0 comment Print


Latest News


Sunset of Section 56(2)(viib) Provisions: No Tax on issue of share exceeding FMV

Income Tax : Finance Bill 2024 proposes the sunset of Section 56(2)(viib) from April 2025, eliminating the tax on shares issued above face valu...

July 23, 2024 342 Views 0 comment Print

Suggestions on proposed changes to Rule 11UA of Income-tax Rules, 1962

Income Tax : Amendment to section 56(2)(viib) of Act extending the applicability of section to issue of shares to non-residents has been made a...

June 1, 2023 1554 Views 0 comment Print

CBDT proposes changes to Rule 11UA ANGEL TAX & to notify Excluded Entities

Income Tax : CBDT proposes changes to Rule 11UA in respect of ANGEL TAX- Also proposes to  notify Excluded Entities In the Finance Act, 2023, ...

May 20, 2023 2724 Views 0 comment Print

IMB certification is not a prerequisite to avoid angel tax

Income Tax : IMB Certificate of Eligible Business is not a pre-requisite to avail the benefits of non-application of the provisions of clause (...

March 25, 2022 3798 Views 0 comment Print

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

Income Tax : Representation for widening the scope of benefit in case of difference in agreement price and Circle Rate of property is upto 20 p...

November 14, 2020 14808 Views 3 comments Print


Latest Judiciary


Section 2(14): No capital gains tax on Income proceeds from Agricultural Land

Income Tax : Notice under section 148 was issued upon assessee by AO for reassessing the cash deposit as undisclosed income, following approval...

August 13, 2024 444 Views 0 comment Print

AO cannot interfere & change method selected by assessee for share valuation: ITAT Bangalore

Income Tax : ITAT Bangalore held that AO not allowed to interfere in method selected for valuation of share by the assessee u/s. 56(2)(viib) of...

August 9, 2024 312 Views 0 comment Print

Immovable Property Transfer Requires Registered Deed, Not Just Possession

Income Tax : Detailed analysis of the Sujauddian Kasimsab Sayyed Vs ITO (ITAT Mumbai) case involving immovable property and tax implications un...

July 30, 2024 786 Views 0 comment Print

Reopening Based on Wrong Facts or assumptions is Invalid: ITAT Mumbai

Income Tax : Read the full text of the ITAT Mumbai order in Laxman Gore Shreshtha Vs DCIT. Analysis of reassessment based on incorrect details ...

July 19, 2024 459 Views 0 comment Print

Section 56(2)(vii) inapplicable to non-residents: ITAT Delhi

Income Tax : ITAT Delhi rules Section 56(2)(vii) inapplicable to non-residents, deleting Rs. 9.31 Cr addition for APL Logistics Vascor Automoti...

July 10, 2024 4188 Views 2 comments Print


Latest Notifications


Assessment of Startup Companies involving application of section 56 (2)(viib)

Income Tax : Notification regarding Income-tax Act Section 56(2)(viib) and assessment of Startup Companies. Clarifications for assessing recogn...

October 10, 2023 1641 Views 0 comment Print

Amendment of Income Tax Rule 11UA- Valuation of Unquoted Equity Shares

Income Tax : CBDT) amends Income Tax Rule 11UA regarding valuation of unquoted equity shares for tax purposes. Learn about changes in this amen...

September 25, 2023 19026 Views 0 comment Print

New Income Tax Rules on Taxation of Life Insurance Policy Receipts

Income Tax : Details of Sixteenth Amendment to Income Tax Rules (2023) on computation of income chargeable under life insurance policies as per...

August 16, 2023 13695 Views 1 comment Print

CBDT releases draft rule 11UA to implement amendment by Finance Act 2023

Income Tax : In the Finance Act, 2023, an amendment was introduced in this provision to bring the consideration received from non-residents wit...

May 26, 2023 5712 Views 0 comment Print

CBDT Notifies Classes of Persons for Income Tax Purposes under Section 56

Income Tax : CBDT issued  Notification No. 29/2023- Income-Tax specifying certain classes of persons for the purpose of sub-clause (ii) of th...

May 24, 2023 5247 Views 0 comment Print


No capital Gain Tax on Gift of Immovable Property to Sister

May 5, 2023 3753 Views 0 comment Print

From gift deed it is crystal clear that the said property was gifted by assesee to his sister out of natural love and affection and it was in this back drop that assessee claimed before CIT(A) that incidence of transfer of immovable property was not liable to tax in his hands.

Section 56(2)(viia) cannot be invoked if Sales Price exceeds FMV

April 27, 2023 1056 Views 0 comment Print

Undisputedly, invoking the provisions of section 56(2)(viia) of the Act, the Assessing Officer has treated the difference between the sale price and FMV of the shares of the assessee as income of the assessee.

Cash gift at the time of marriage supported merely by affidavit – ITAT confirms addition partially

April 17, 2023 1320 Views 0 comment Print

Merely filing of the affidavit is not sufficient to prove the capacity and source of the persons who has given money to the assessee.

Addition u/s 56(2)(viib) sustained as method for FMV of equity shares not as per rule 11UA

April 17, 2023 1185 Views 0 comment Print

ITAT Hyderabad held that addition under section 56(2)(viib) of the Income Tax Act sustained as method adopted for determination of FMV of equity shares by the assessee is not as per method prescribed under rule 11UA of Income Tax Rules.

Order set aside as was based on lone basis that case is not covered under instruction no. 1914 dated 02.12.1993

April 15, 2023 732 Views 0 comment Print

Madras High Court set aside the impugned order as it was based on one basis that writ petitioner’s case is not covered under instruction no. 1914 dated 02.12.1993.

Income from Other Sources (Section 56 to 59)

March 31, 2023 99642 Views 4 comments Print

Explore Income from Other Sources in the Income Tax Act. Learn about taxable receipts, allowable expenses, and disallowable expenses. Stay tax compliant

Interest u/s 28 of Land Acquisition Act from date of possession of land till date of judgement is not taxable

March 10, 2023 4422 Views 0 comment Print

ITAT Pune held that interest granted by the reference Court u/s. 28 of the Land Acquisition Act from the date of possession of land till the date of judgment of High Court is an accretion of the value of the land acquired and accordingly not taxable.

Favoured Gift Provisions – Boon or Bane?

March 10, 2023 2721 Views 5 comments Print

Today, we talk about section 56 of this act, which discusses gift provisions and their tax implications. This section provides us with several favors. By virtue of this section, Money and gifts received by an individual taxpayer on the occasion of his/her marriage are exempt from income tax doesn’t matter whether clothes are gifted or a whole building.

Date of allotment letter for stamp duty valuation should be considered for section 56(2)(x)

March 1, 2023 3648 Views 0 comment Print

ITAT Mumbai held that stamp duty valuation as on the date of allotment letters, and not the date of execution of agreement to sell, should be considered for the purpose of section 56(2)(x) of the Income Tax Act.

Reopening of assessment despite full & true disclosure of material facts is unjustifed

February 23, 2023 1113 Views 0 comment Print

Bombay High Court held that reopening of assessment in absence of failure on the part of the assessee to disclose fully and truly the material facts and also in absence of any tangible material is unjustifiable.

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