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section 56

Latest Articles


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 1731 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 924 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 5190 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 4053 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 744 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 1641 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 18141 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 11937 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


Taxability of unlisted shares received by closely held company, firm or LLP for inadequate consideration

August 13, 2015 5711 Views 0 comment Print

A careful reading of Section 56(2)(viia) lay down the following essential ingredients for the taxability of unlisted shares received by closely held company or firm or LLP as the case may be: (1). The shares (equity or preference) received, on or after 1-6-2010, are shares of a company in which the public is not substantially interested;

Gift to be treated as genuine if identity of donors is genuine & source of gift stays explained

July 29, 2015 1691 Views 0 comment Print

In the impugned year the blood relation is not necessary for the gift to be a genuine gift, but the relationship matters a lot. In all the probabilities the gift is found to be genuine as the donors have explained the source of gift, copy of bank accounts, income tax return.

Entries write back in absence of explanation is assessable as income

July 23, 2015 4795 Views 0 comment Print

Tribunal examined that whether addition can be made on account of net increase in the assessee’s capital during the year on account of write back as well as write off of some old credits and debits appearing in her accounts.

Taxability of Transactions in Real Estate Sector

June 28, 2015 38465 Views 5 comments Print

Taxation whether direct or indirect in real estate sector always been a very critical issue due to different nature of this sector. In the recent past, there has been made lots of various provisions in the different tax laws to bring various activities, income, charges or fee etc. under tax regime.

HUF will be treated as Relative u/s 56(2)(vi)

June 17, 2015 2495 Views 0 comment Print

The expression HUF must be construed in the sense in which it is understood under the Hindu law HUF constitutes all persons lineally descended from a common ancestor and includes their mothers, wives or widows and unmarried daughters.

The Art of (Tax-Free) Gifting!!!

May 14, 2015 12439 Views 19 comments Print

Giving gifts to near and dear ones is very much prevalent in our Indian culture. Generally gifts are given to express love and affection. Sometimes we may also help the needy one by providing some monetary help. However, Gifts can also be good tax planning tools.

High circle rates, low property prices and hardship continues…

May 14, 2015 4301 Views 7 comments Print

And our hardship w.r.t. Delhi property Circle rate continues its surge, thanks to Delhi Government and to the Income Tax Act Property transactions are undertaken for various purposes viz. investment, trading, distress etc. However, a transaction in property may lead to gain for some and loss for some but the Circle rates in Delhi in […]

Rent from Mobile antennae installed at terrace taxable as House Property Income

January 16, 2015 48822 Views 7 comments Print

Rent is for space to host the antennas and not for the antennas. As long as the rent is for the space, terrace and roof space in this case and which space is certainly a part of the building, the rent can only be taxed as ‘income from house property’.

Amount received under POA cannot be treated as income of receiver

January 14, 2015 2624 Views 0 comment Print

The assessee was given a sum of Rs.25 lakh by Ustad Zakir Hussain (an eminent Tabla Artist) in pursuance of a general Power of Attorney dated 01st March, 2002, for the purpose of making investment with HSBC Bank, portfolio management scheme on his behalf.

Budget 2014 – Advance forfeited against transfer of Capital Assets taxable as other Income as Income from other sources

July 14, 2014 9228 Views 1 comment Print

Taxability of advance for transfer of a capital asset The existing provisions contained in section 56 of the Act provide that income of every kind which is not to be excluded from the total income under the Act shall be chargeable to income-tax under the head “Income from other sources”, if it is not chargeable […]

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