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section 56

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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 1734 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 1677 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 927 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 5259 Views 0 comment Print

Assessee Entitled to Interest After 60 Days from GST Refund Application

Goods and Services Tax : Explore the Delhi High Courts ruling granting 6% interest under Section 56 of the CGST Act on delayed GST refunds, ensuring statut...

March 26, 2024 1101 Views 0 comment Print


Latest News


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 1548 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 2706 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 3768 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 14796 Views 3 comments Print

Income Tax Exemption to Owners of Unauthorized Colonies In Delhi

Income Tax : Over 1700 unauthorized colonies in Delhi were regularised in December last year. Owners Delhi’s unauthorised colonies will now g...

August 31, 2020 3156 Views 0 comment Print


Latest Judiciary


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 4065 Views 2 comments Print

Cost of funds deductible against interest income from co-op & scheduled banks

Income Tax : Read the full text of the order by ITAT Bangalore on Mudur Vyavasaya Seva Sahakari Sangha Ltd's appeal against CIT(A)'s decision. ...

July 10, 2024 270 Views 0 comment Print

Section 80P(2)(d) Deduction for Co-op Society on Interest from Co-op Bank: ITAT Delhi

Income Tax : Delhi ITAT allows Section 80P(2)(d) deduction for Janta Adarsh Co-operative Thrift & Credit Society on interest earned from Co-ope...

July 9, 2024 981 Views 0 comment Print

Deeming provision of 56(2)(x) cannot be invoked in case of Purchase of agricultural land

Income Tax : ITAT Delhi rules Section 56(2)(x) can't be invoked for agricultural land purchases, providing relief to taxpayers in similar situa...

June 24, 2024 747 Views 0 comment Print

Taxability of rental income from letting out of building along with furniture & fixtures

Income Tax : Explore the detailed analysis of the Active Securities Ltd Vs ITO (ITAT Delhi) case regarding the taxation of rental income from l...

June 19, 2024 1644 Views 0 comment 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 1611 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 18159 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 11997 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 5682 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 5187 Views 0 comment Print


Gift by individual to HUF is exempt same as a gift from HUF to its member

August 11, 2019 11145 Views 0 comment Print

Amount received by assessee from ‘HUF’, being its member, was a capital receipt in his hands and was not exigible to income tax as in case of individual, the HUF has not been included in the definition of relative in explanation to section 56(2) (vii) as it was not so required because in case of HUF,

CBDT simplifies process of assessment in respect of Startups

August 10, 2019 5739 Views 0 comment Print

In case of Startup Companies recognized by DPIIT which have filed Form No. 2 and whose cases are under limited scrutiny on the single issue of applicability of section 56(2)(viib),the contention of the assessee will be summarily accepted.

Time to Revisit Section 50C/43CA/56(2) – Adoption of Circle Rates

August 9, 2019 7044 Views 2 comments Print

Time to Revisit Section 50C/43CA/56(2) of Income Tax Act concerning Adoption of Circle Rates for Computation of Capital Gain/Business Profits/Income from Other Sources on Land & Building!! The Finance Act 2002 has introduced a new section 50C with effect from 1-4-2003, for the purpose of computation of capital gains in real estate transactions, in the […]

Angel Taxation | Assessment Procedure of startup Companies | Section 56

August 7, 2019 4296 Views 0 comment Print

Following procedure is laid down with regard to the assessment of such startup entities involving the issue of section 56(2)(viib). (i) Where the Startup Company has been recognised by the DPIIT but the case is selected under “limited scrutiny” on the single issue of applicability of section 56 (2)(viib), no verification on such issues will be done by the AOs during the proceedings u/s 143 (3)/147 of the I.T. Act, 1961 and the contention of such recognized Startup Companies on the issue will be summarily accepted.

Section 56 on Fresh /Bonus/Right Issue & Buy Back of Shares

July 21, 2019 53682 Views 0 comment Print

Applicability of Section 56(2)(viia) & 56(2)(x) of the Income Tax Act, 1961 on Fresh /Bonus/Right Issue & Buy Back of Shares: An Undying Conundrum!! The provisions of section 56(2)(viia) of the Income Tax Act were inserted w.e.f. the Finance Act 2010, and read as under: Section 56(2) : “In particular, and without prejudice to the […]

Who is your relative under different Acts?

July 21, 2019 38283 Views 7 comments Print

Introduction: The author in this article has analyzed the provisions of the various Acts with regard to the definition of a relative. A comparative analysis has been done among the definitions provided under: Companies Act, 2013 Income Tax Act, 1961 Accounting Standards Goods & Service Tax Tax Act, 2017  Analysis: Comparative chart of the definition […]

Budget 2019: International Tax, Transfer Pricing & Non-Resident Taxation

July 11, 2019 10311 Views 0 comment Print

Article analyses Budget Proposals by the Finance Act (No. 2), 2019 – Relevant for International Tax, Transfer Pricing & Non-Resident which includes Amendment of section 9 – Gift made to person outside India (non-resident), Amendment of section 9A – Providing relaxation in condition for offshore funds, Amendment of section 10 – Exemption of interest income […]

Compliance with notification of exemption issued U/s. 56(2)(viib)

July 10, 2019 14130 Views 0 comment Print

The provisions of section 56(2)(viib) of the Act provides for charging of the consideration received for issue of shares by certain companies, where such consideration exceeds the fair market value of such shares. However, the Central Government is empowered to notify that the provisions of this section shall not be applicable to consideration received by […]

Amendment to section 56- Tax on interest received on compensation

July 10, 2019 1911 Views 0 comment Print

The existing provisions of the section 56 of the Income-tax Act, inter alia, provide that income by way of interest received on compensation or on enhanced compensation referred to in section 145A(b) shall be chargeable to tax. The Finance Act, 2018 substituted the provisions of section 145A with sections 145A and section 145B. However, no […]

FMV for section 56(2)(viib) determined by assessee accountant as per DCF method prescribed u/r 11 UA(2) was proper

July 10, 2019 12507 Views 0 comment Print

Where there was an option under Rule 11UA(2) to determine the FMV by either the ‘DCF Method’ or the ‘NAV Method’, AO had no jurisdiction to discard the valuation report of the CA mainly on the ground that valuation of equity shares carried out by assessee was based on projection of revenue which did not match with the actual revenues of the subsequent years. Moreover, top and independent investors had invested in assessee’s start-up proved that the FMV as determined by assessee was proper.

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