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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


Impact of Section 56(2)(vii) on Property Purchased Above Circle Rate

June 12, 2023 5901 Views 0 comment Print

Vinit Kumar Vs DCIT – ITAT Delhi clarified the application of Section 56(2)(vii) on properties purchased for more than the circle rate.

Deeming fiction of section 50C doesn’t apply in case of purchaser

June 7, 2023 1329 Views 0 comment Print

ITAT Indore held that the deeming fiction created in section 50C cannot be extended to the provision of section 69 or 69B or any other of the Act in the case of purchaser to make the purchaser liable for tax.

Gift from HUF not to be added to income of Karta of such HUF

May 27, 2023 17241 Views 0 comment Print

ITAT Surat held that gift received from HUF cannot be added back to the total income of the assessee being Karta (Manager) of such HUF.

Discounted cash flow is the recognized method as per section 56(2)(viib)

May 21, 2023 2361 Views 0 comment Print

ITAT Delhi held that discounted cash flow method is the recognized method as per section 56(2)(viib) of the Income Tax Act read with rule 11UA of the Income Tax Rules.

Revisional jurisdiction u/s 263 duly invoked as AO failed to examine issue of purchase of land

May 13, 2023 408 Views 0 comment Print

ITAT Ahmedabad held that revisional power under section 263 of the Income Tax Act correctly invoked as AO failed to examine the issue of purchase of land in the light of provisions of section 56(2)(vii)(b) of the Income Tax Act.

Retrospective effect to provisions of section 56(2)(vii)(b) of Income Tax Act unjustifiable

March 24, 2023 2565 Views 0 comment Print

ITAT Delhi held that provisions of Section 56(2)(vii)(b) of the Income Tax Act Act which were introduced in the Act by Finance Act, 2010 cannot be given retrospective effect.

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

February 5, 2023 4035 Views 0 comment Print

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

Section 56(2)(vii) applies to purchaser of capital asset & Section 50C to Buyer

January 29, 2023 3606 Views 1 comment Print

Bharat Keshavlal Shah Vs PCIT (ITAT Pune) Lastly comes the issue of section 56(2)(vii) made applicable in assessee’s case on account of alleged difference between stamp valuation and actual purchase consideration qua the sale deed executed in the relevant previous year. A perusal of the said sale deed dated 31.12.2013, and more particularly, the schedule […]

Provisions of section 56(2)(viia) cannot be invoked on buyback of own share

January 23, 2023 5061 Views 0 comment Print

ITAT held that provisions of section 56(2)(viia) of are applicable only in cases where purchased share become property in the hands of buyer company and, if shares are of any other company.

Invoking provisions of section 56(2)(vii)(b) unsustainable as civil suit filed before District Judge

January 5, 2023 882 Views 0 comment Print

ITAT Visakhapatnam held that civil suit is filed before the Hon’ble District Judge accordingly the matter is squarely covered as exception as per proviso to section 56(2)(vii)(b) of the act and accordingly we hold that there is no case for invoking the provisions of section 56(2)(vii)(b).

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