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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 6987 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 450 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 19029 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 13701 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


Taxation of Dividend Income – Complete Guide

July 3, 2021 19080 Views 2 comments Print

Finance Act 2020 has made major amendments to the taxation of dividends. With these amendments the general notion that dividends are exempt is no longer the same. This Guide will help our fellow member CA’s, Students, and shareholders to understand the taxability of dividends. First lets understand the two types of dividend: 1. Interim dividend […]

Tax on Income from Other Sources

June 27, 2021 11064 Views 0 comment Print

As per Section 56(1) any income/receipt shall be taxable under this head if it is not taxable under any other heads of income be it salary, profit and gains from business and profession, house property or capital gains. Income from other sources includes the following: DIVIDENDS Dividends are covered under the head Income from other […]

Taxability where Stamp Duty Value higher than Sale Consideration

June 26, 2021 164982 Views 4 comments Print

Income Tax Act has broadly defined taxability of income under five heads of Income. One of them is Capital Gain, where gains arising out of the sale of capital assets are taxable in the hands of the seller of the capital asset. However, with the intention of tax evasion, assesses started entering into an agreement […]

Request to FM to extend applicability of safe harbour limit u/s 43CA & 56(2)(x)

June 18, 2021 5934 Views 1 comment Print

Open letter to FM requesting extension of safe harbour limit u/s 43CA & 56(2)(x) of the Income Tax Act. Learn why it’s crucial for real estate developers and home buyers.

Provision relating to ‘GIFT’ Under Income Tax Act

June 11, 2021 14688 Views 1 comment Print

Income tax act does not specifically define the term gift. The term gift under the act means something that is received without consideration of for inadequate consideration. Section 56 of Income tax Act talks about taxation of gifts. This article will analyse gifts received from different person on different occasion and its tax implication. 1. […]

A Brief Coverage of Startup’s In India

June 7, 2021 7800 Views 0 comment Print

Discover the Startup India initiative and its impact on entrepreneurship in India. Learn how it has transformed the country into a hub of innovation and job creators.

Assessee to substantiate if he claims FMV is Higher than Book Value

June 2, 2021 1341 Views 0 comment Print

Abhinav International Pvt. Ltd. Vs DCIT (ITAT Delhi) In the present case, the assessee is saying that value of the shares owned by the assessee company of the listed companies which are recorded at the book value (cost price) is far less than the listed price (traded price) of those shares, therefore, same should be […]

Taxation of Gifts received in Cash or Kind

June 1, 2021 129513 Views 9 comments Print

Gifts are usually capital receipts by nature. The Income Tax Act, 1961 (‘Act’) which is levies tax on incomes, that is revenue receipts, carves out certain exceptions and levies tax on capital receipts as well. Gifts are one such receipt. The Act defines gifts as any asset received without consideration like money or money’s worth (in kind).

ITAT deletes section 56(2)(vii)(b) addition as land was not a fresh purchase

May 31, 2021 1323 Views 0 comment Print

ACIT Vs Ajay Jagdishnarain Agarwal (ITAT Mumbai) fter going through the order passed by the CIT(A), we noticed that the property was purchased by Jagdish Narian Agarwal in the year 1974 after paying the full consideration. The original owners/vendors confirmed the transaction and the parties had given requisite confirmation before the district collector. They transferred […]

Gift given by HUF to its Member is Considered as Income of Member?

May 26, 2021 78984 Views 1 comment Print

We all know that Gift Tax Act which was introduced from 1st April, 1958 in our country as direct tax, which was repealed from 1st October, 1998. Any person receives Gift from any other person, would be consider as income of the recipient as per section 56(2)(x) with certain exemptions. Section 56(2)(x) was inserted by […]

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