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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 1788 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 6960 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 339 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 438 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 19014 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 13680 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


Revisionary Jurisdiction Can’t Exceed Scope of “Limited Scrutiny”

October 19, 2023 564 Views 0 comment Print

ITAT Pune rules that assessment under limited scrutiny cannot exceed its prescribed scope, preventing the use of revisionary jurisdiction under section 263 of the Income Tax Act.

Amendment in Rule 11UA: Valuation of Shares for Angel Tax

October 19, 2023 1683 Views 0 comment Print

CBDT amends Rule 11UA of Income Tax Rules to provide new methods for valuing shares of closely held companies and implications for startups.

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

October 10, 2023 1641 Views 0 comment Print

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

ITAT upheld addition for share premium exceeding fair market value: Section 56(2)(viib)

October 9, 2023 1311 Views 1 comment Print

ITAT Bangalore held that the share premium received by the company is in excess of fair market value of the share, the addition thus made u/s. 56(2)(viib) of the Income Tax Act is found to be just and proper.

Services rendered outside India but used in India is taxable in India

September 30, 2023 3528 Views 0 comment Print

ITAT Kolkata held that the assessee has no permanent establishment in India and these services were also rendered outside India but the services has been used in India and, therefore, it is taxable in India.

Deduction u/s 80P(2)(a)(i) available to Souharda Co-operative Society if requirement of mandatory fund is satisfied

September 28, 2023 3960 Views 0 comment Print

ITAT Bangalore held that deduction u/s. 80P(2)(a)(i) of the Income Tax Act in respect of credit facilities provided by Souharda Co-operative Society to its members if requirement of mandatory maintaining of funds as per Karnataka Souharda Sahakari Act, 1997 is satisfied.

Cognizance taken under repealed law is valid if it is provided by provision of ‘Repeal and Savings’ under the new Law

September 27, 2023 1209 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court observed that the Enforcement Officer appointed under Section 3 of FERA, 1973 was authorized to file complaint under provisions of FERA even after getting repealed by the virtue of S. 49 of FEMA under the heading ‘Repeal and Savings’.

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

September 25, 2023 19014 Views 0 comment Print

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

Section 56(2)(viic) not applies to fresh issuances or allotments of shares by a company

September 23, 2023 8673 Views 2 comments Print

Read Gujarat High Court’s recent ruling in PCIT vs. Jigar Jashwantlal Shah case regarding taxability of allotted shares under Section 56(2)(viic) of Income Tax Act.

Excise payable on stock of liquor as manufacturer and seller is only one

September 20, 2023 429 Views 0 comment Print

Delhi High Court held that the petitioner is liable to pay excise duty on leftover stock of liquor transferred by two erstwhile licensees, both the erstwhile licensees and the Petitioner are one and the same. The manufacturer and seller of the liquor was only one i.e. the Petitioner and hence excise duty payable.

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