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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 1278 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 6987 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 57054 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 4035 Views 0 comment Print


Latest Judiciary


Section 56(2)(vii)(c) not applicable to bonus shares as no Transfer of Property

Income Tax : Detailed analysis of DCIT vs Tangi Facility Solutions Pvt Ltd case by ITAT Chennai regarding taxation of bonus shares under Income...

July 19, 2024 888 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

Section 132(1) search authorization Warrant was qua ‘premises’ & not qua ‘assessee’

Income Tax : Search warrant is issued regarding premises and not necessarily regarding an assessee, and a common search warrant and panchnama i...

May 5, 2024 951 Views 0 comment Print

Refunded Security Deposit not taxable under section 56(2)(vii)(a)

Income Tax : Detailed analysis of Chandarani N. Goyal Vs ITO case where Mumbai ITAT ruled that money received as a security deposit, if refunde...

April 16, 2024 1257 Views 0 comment Print

Section 56(2)(vii)(b)(ii) Inapplicable to Partnership Firm’s Business Property: ITAT Chennai

Income Tax : Explore ITAT Chennai's ruling in Smt. Chandrasekaran Valarmathi vs. ITO case. Section 56(2)(vii)(b)(ii) of the Income Tax Act won'...

January 23, 2024 3204 Views 0 comment Print


Section 56(2)(vii)(b) Not Applicable to Companies before 01.04.2017

October 24, 2023 1884 Views 0 comment Print

ITAT Delhi’s decision regarding applicability of Section 56(2)(vii)(b) to companies before April 1, 2017 in case of Rhythm Polymers Pvt. Ltd. vs. PCIT.

Bonus Share Issuance Not Subject to Section 56(2)(vii)(c): ITAT

September 30, 2023 324 Views 0 comment Print

ITAT Delhi rules on the taxability of bonus shares in the case of DCIT vs. Smt Aruna Chandhok. Detailed analysis of the decision and its implications.

Bonus Shares cannot be taxed under section 56(2)(vii)(c )

September 14, 2023 738 Views 0 comment Print

Analysis of ITAT Delhis decision in DCIT Vs Aruna Chandhok case. Understand why no income tax is payable on bonus shares under Income from Other Sources.

Interest paid on housing loan not allowable as cost of acquisition

September 1, 2023 8595 Views 0 comment Print

ITAT Mumbai held that interest paid on housing loan borrowed for purchase of flat is not allowable as cost of acquisition.

Share Premium not taxable in the hands of investee if Investor already taxed for it

September 1, 2023 576 Views 0 comment Print

Analysis of ITAT Chennai’s decision on taxing share premium: ACIT Vs Luncar Finance Pvt. Ltd. A focus on already taxed income in the hands of Investor Company

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

August 10, 2023 57054 Views 0 comment Print

Unlock the complexities of development rights and their tax implications under India’s Income Tax Act, 1961. Delve into Section 56(2)(x) to understand the treatment of development rights as immovable property or capital asset. Explore legal definitions, case law, and the intricate interplay of tax provisions in this comprehensive guide.

Dispute in stamp value may be referred to the valuation officer

June 24, 2023 1443 Views 0 comment Print

ITAT Pune held that as per third proviso to section 56(2)(vii)(b), where the stamp value of the immovable property is disputed by the assessee on the ground mentioned in section 50C(2), the AO may refer the valuation of such property to the Valuation Officer. Accordingly, matter remanded.

Addition invoking section 56(2)(vii)(b) unsustained as stamp duty value less than agreement value

June 24, 2023 2445 Views 0 comment Print

ITAT Mumbai held that as conditions in second proviso to section 56(2)(vii)(b) satisfied, stamp duty as on the date of agreement would be compared with agreement value. Accordingly, since the stamp duty value is less than the agreement value, addition unsustainable.

Revision u/s 263 rightly invoked as AO failed to inquire valuation of shares vis-à-vis provisions of section 56(2)(viib)

June 13, 2023 333 Views 0 comment Print

ITAT Kolkata held that AO failed to make required enquiries to go into the question of valuation of shares given by the accountant for the purpose of assessment of income as per provisions of section 56(2)(viib). Accordingly, revisionary power under section 263 rightly invoked.

Stamp duty value on date of allotment is to be taken as per first proviso to section 56(2)(vii)(b)

June 12, 2023 2163 Views 0 comment Print

ITAT Mumbai held that as per first proviso to section 56(2)(vii)(b), where date of agreement fixing amount of consideration for transfer of property and ate of registration is not same, the stamp duty value on the date of allotment is to be taken.

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