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Share Premium Tax Above FMV: End of Section 56(2)(viib), Section 92(2)(m) Continues, Tax Gap Emerges

Income Tax : The removal of the provision means companies and investors are no longer taxed on share premiums exceeding fair market value, crea...

May 5, 2026 672 Views 0 comment Print

Fair Market Value Tax Rules: Gifts, ESOPs, Inventory Conversion & Share Transfers

Income Tax : This explains how fair market value governs taxation under multiple provisions including gifts, ESOPs, and slump sales. It highlig...

April 9, 2026 579 Views 0 comment Print

Lump-Sum Alimony vs. Monthly Maintenance :Tax Treatment

Income Tax : Courts hold that one-time alimony is a capital receipt arising from extinguishment of rights and not taxable. The ruling clarifies...

March 18, 2026 2169 Views 2 comments Print

Property Deal Mismatch? How Section 50C and 56(2)(x) Can Create Phantom Income

Income Tax : The article explains how violating the twin conditions under Section 50C(2) can block valuation relief and trigger taxation on hig...

February 12, 2026 1932 Views 0 comment Print

Understanding Income from Other Sources in Taxation

Income Tax : Overview of income taxed under other sources, including dividends, winnings, interest, deemed income, forfeited advances, family p...

November 15, 2025 11322 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 6345 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 1908 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 3120 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 4596 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 15186 Views 3 comments Print


Latest Judiciary


Stamp Duty Value Cannot Be Adopted Without DVO Reference When Property Title Is Disputed

Income Tax : Tribunal ruled that objections relating to defective title, encroachments, and legal disputes require proper valuation examination...

May 21, 2026 168 Views 0 comment Print

Difference Between Projected & Actual Revenue Cannot Invalidate DCF Valuation: ITAT Delhi

Income Tax : Tribunal ruled that future projections under DCF method cannot be tested solely against later actual financial performance. It obs...

May 21, 2026 171 Views 0 comment Print

SC Allows Deduction of Grants as They Were Part of Statutory Business Activity

Income Tax : The Supreme Court held that grants disbursed by a statutory corporation formed part of its core business functions and qualified a...

May 20, 2026 222 Views 0 comment Print

Madras HC Upholds Deferred Taxation of Time-Share Fees as Obligations Continued Over Membership Period

Income Tax : Madras High Court held that time-share membership fees could not be fully taxed in the year of receipt since the assessee had cont...

May 19, 2026 126 Views 0 comment Print

Purchase of MHADA Leasehold Tenement Can Attract Section 56(2)(x): ITAT Mumbai

Income Tax : Mumbai ITAT held that Section 56(2)(x) applies to purchase of MHADA leasehold property rights despite reliance on Section 50C ruli...

May 19, 2026 2484 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 2655 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 29277 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 22074 Views 2 comments 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 6372 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 6225 Views 0 comment Print


S.56 pertaining to gifts, deemed gifts / under-valuations

August 19, 2018 30002 Views 9 comments Print

It is the considered view of the Government that in the materialistic world in which we are living, gifts are not possible from non-relatives. In the past, frequently claims were successfully made  by individuals about receipt of  huge amounts as gifts from other individuals even though the donor and the donee were not related to each other but there was natural love and affection. Government has not accepted such situations

‘Corporate Gifts – Beware of Tax Implications’

August 12, 2018 124877 Views 8 comments Print

Gifts! Corporate Gifts have over the years proved to be an effective marketing tool for organizations across products and services. Organizations understand the importance of building and maintaining long term relationships with clients, prospective clients, business associates, employees and other agencies involved in the growth of the organization. However, corporate gifting should be used very judiciously as they can sometimes back fire

Taxability of Gifts received from Relatives & Non Relatives

July 31, 2018 715152 Views 119 comments Print

If  an individual/Huf receives from any person or persons any gift , exceeding Rs. 50000 in any previous year, as per income tax laws, the aggregate amount shall be taxable as Income From Other Sources in the hands of individual or HUF U/s 56. The gift can be the following

Addition U/s. 68 rw section 56: Addition for share premium in excess of Fair Value

July 12, 2018 3216 Views 0 comment Print

Sunrise Academy of Medical Specialities (India) (P.) Ltd Vs  ITO (Kerala High Court) (DB)  Any premium received by a Company on sale of shares, in excess of its face value; if the Company is not one in which the public has substantial interest, would be treated as income from other sources, as seen from Section […]

Allow CMAs to do Valuation under Section 56 r.w. Rule 11UA

July 4, 2018 3447 Views 0 comment Print

Income Tax Rule 11UA deals with Valuation of jewellery, archaeological collections and shares and securities for the purpose of Section 56. Erstwhile as per Clause (b) of Sub-Rule 2 of Rule 11UA earlier merchant banker and Chartered Accountant were allowed to do valuation of unquoted equity shares under Discounted Free Cash Flow method but vide Notification No. 23/2018 dated 24th May, 2018 it is provided that now only merchant banker can only carry out the valuation of unquoted equity shares under Discounted Free Cash Flow method.

ITAT on Genuineness of Gift of Shares by A Company to other Group Company

June 30, 2018 9612 Views 0 comment Print

That the order passed by Assessing Officer (‘AO’) dated 30.12.2016 as upheld by the Commissioner of Income Tax (Appeals) (‘CIT(A)’) dated 29.12.2017 and the additions/disallowances made and upheld are illegal, bad in law and without jurisdiction.

Addition justified for huge gifts on failure to prove genuineness

June 19, 2018 1593 Views 0 comment Print

The captioned appeal by assessee for Assessment Year [AY] 2005-06 contest the order of Ld. Commissioner of Income-Tax (Appeals)-18 [CIT(A)], Mumbai, Appeal No.CIT(A)-18/T-62/ITO 19(3) (2)/10-11 dated 14/01/2013 qua confirmation of certain addition on account of cash credit u/s 68 for Rs.4 Lacs.

FMV of shares has to be determined on the basis of book values of underlying assets

June 19, 2018 13332 Views 0 comment Print

Minda SM Technocast Pvt. Ltd Vs ACIT (ITAT Delhi) 1. In the present case, the assessee has acquired shares of TEPL at Rs.5 per shares. The shares were acquired by the assessee from three companies as discussed in the preceding paragraphs. The assessee claimed to have valued the shares of TEPL as per the provisions […]

Sec. 56 Tax Treatment of Gifts Received by An Individual or HUF

June 11, 2018 15909 Views 6 comments Print

Monetary Gifts Any sum of money received without consideration (i.e., monetary gift may be received in cash or in kind i.e. cheque, draft, etc.) by an individual/ HUF will be charged to tax if the aggregate value of such sum of money received during the year exceeds Rs. 50,000. A. Cases in which monetary gift […]

Taxation of Gifts received or Specified assets purchased by any person

June 8, 2018 7227 Views 0 comment Print

This article is about the taxability of gifts received or specified assets purchased by a person. Provisions of sec 56(2)(x) of IT Act 1961(introduced by Finance Act – 2017) deals with the taxation of gifts received or specified assets purchased.

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