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section 56(2)(vii)

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No Section 56(2)(viib) on Loan Conversion to Equity; Choice of Valuation Method with Assessee, not AO

Income Tax : Explore the implications of the PCIT Vs I.A. Hydro Energy case regarding loan conversion to equity under Section 56(2)(viib) of th...

June 7, 2024 1662 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 18261 Views 0 comment Print

Unlocking the Maze of Development Rights: Implications under India’s Income Tax Act

Income Tax : Unlock the complexities of development rights and their tax implications under India's Income Tax Act, 1961. Delve into Section 56...

August 10, 2023 60075 Views 0 comment Print

Non-resident investors included in ambit of section 56(2)(viib) – Budget 2023

Income Tax : Budget 2023 brings non-resident investors within the ambit of section 56(2)(viib) of the Act to eliminate tax avoidance possibilit...

February 5, 2023 4290 Views 0 comment Print


Latest Judiciary


Disallowance u/s. 56(2)(viib) unwarranted as creditworthiness cannot be doubted when share allotted to existing shareholder

Income Tax : ITAT Delhi held that disallowance of share premium under section 56(2)(viib) of the Income Tax Act not sustainable since shares ar...

May 12, 2025 255 Views 0 comment Print

Section 56(2)(vii)(b) doesn’t apply to agreement executed before 01.04.2014: ITAT Nagpur

Income Tax : ITAT Nagpur held that the provisions of section 56(2)(vii) (b)(ii) of the Income Tax Act came into statute by Finance Act 2013 w.e...

May 7, 2025 324 Views 0 comment Print

Reassessment u/s. 147 without any fresh material not sustainable: ITAT Raipur

Income Tax : ITAT Raipur held that reassessment proceedings under section 147 of the Income Tax Act without any fresh material, amounts to mere...

April 16, 2025 579 Views 0 comment Print

Reassessment u/s. 147 based on change of opinion without any fresh material not sustainable

Income Tax : ITAT Delhi held that re-assessment proceedings under section 147 of the Income Tax Act initiated due to change of opinion without ...

March 25, 2025 387 Views 0 comment Print

Non-application of mind to legal issues justifies revisionary action u/s. 263

Income Tax : Thereafter, PCIT called for the assessment records and examined the proceedings. CIT(A) after going through the case records and a...

January 24, 2025 360 Views 0 comment Print


Latest Posts in section 56(2)(vii)

Disallowance u/s. 56(2)(viib) unwarranted as creditworthiness cannot be doubted when share allotted to existing shareholder

May 12, 2025 255 Views 0 comment Print

ITAT Delhi held that disallowance of share premium under section 56(2)(viib) of the Income Tax Act not sustainable since shares are allotted to an existing shareholder and hence creditworthiness cannot be doubted. Accordingly, appeal of revenue dismissed.

Section 56(2)(vii)(b) doesn’t apply to agreement executed before 01.04.2014: ITAT Nagpur

May 7, 2025 324 Views 0 comment Print

ITAT Nagpur held that the provisions of section 56(2)(vii) (b)(ii) of the Income Tax Act came into statute by Finance Act 2013 w.e.f. 01.04.2014 i.e., A.Y.2014-15. Accordingly, provisions cannot be made applicable to date of agreement before 01.04.2014.

Reassessment u/s. 147 without any fresh material not sustainable: ITAT Raipur

April 16, 2025 579 Views 0 comment Print

ITAT Raipur held that reassessment proceedings under section 147 of the Income Tax Act without any fresh material, amounts to mere change of opinion, and hence the same is not sustainable in law.

Reassessment u/s. 147 based on change of opinion without any fresh material not sustainable

March 25, 2025 387 Views 0 comment Print

ITAT Delhi held that re-assessment proceedings under section 147 of the Income Tax Act initiated due to change of opinion without having any fresh material on record is liable to be quashed. Accordingly, appeal of revenue dismissed.

Non-application of mind to legal issues justifies revisionary action u/s. 263

January 24, 2025 360 Views 0 comment Print

Thereafter, PCIT called for the assessment records and examined the proceedings. CIT(A) after going through the case records and assessment records took a view that the order passed by the AO is erroneous and prejudicial to the interest of revenue.

Notice issued u/s 148 was invalid due to non-compliance of section 151

January 21, 2025 546 Views 0 comment Print

Assessee, aggrieved by the decision, appealed to the CIT (Appeals), who dismissed the appeal and upheld the decision of AO. Assessee dissatisfied with the order of CIT(A) appealed before Tribunal.

Interest on compensation taxable under income from other sources: ITAT Delhi

January 8, 2025 1833 Views 0 comment Print

ITAT Delhi held that the interest on compensation or on enhanced compensation cannot be considered as compensation and shall be chargeable to tax under the head income from other sources. Accordingly, appeal dismissed.

Addition u/s. 56(2)(vii) justified due to difference in stamp duty valuation: ITAT Ahmedabad

January 8, 2025 594 Views 0 comment Print

ITAT Ahmedabad held that addition u/s. 56(2)(vii)(b)(ii) of the Income Tax Act justified due to difference stamp duty value of the property and sale consideration. Accordingly, appeal of the assessee allowed.

Disallowance u/s. 56(2)(viib) sustained due to wide fluctuation in value of share within same year

December 27, 2024 534 Views 0 comment Print

ITAT Ahmedabad held that disallowance under section 56(2)(viib) of the Income Tax Act sustained due to wide fluctuation in value of share within a period of less than 5 months and that too within same financial year without accurate explanation.

Considering merits of matter while deciding condonation application u/s. 119(2)(b) not justified

December 7, 2024 609 Views 0 comment Print

Kerala High Court held that considering merits of the matter while deciding application for condonation of delay for filing revised returns not justified.

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