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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 2577 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 29001 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 63462 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 4965 Views 0 comment Print


Latest Judiciary


Part Payment Through Bank Does the Trick: ITAT Deletes Section 56(2)(vii) Addition Despite 7-Year Gap in Registration

Income Tax : Despite a significant gap between the agreement and registration dates, ITAT granted relief under the first and second provisos to...

June 11, 2026 165 Views 0 comment Print

High-Pitched Assessment Should Be Decided on Merits, Not Buried Under Delay Technicalities: ITAT Bangalore

Income Tax : The Bangalore ITAT accepted the assessee’s explanation that medical issues and expiry of the digital signature certificate cause...

May 25, 2026 189 Views 0 comment Print

No Section 56 Addition as Property Value Difference Was Within 10% Tolerance Band

Income Tax : ITAT Mumbai deleted the addition under Section 56(2)(vii)(b) after holding that a 2.3% variation between agreement value and stamp...

May 15, 2026 453 Views 0 comment Print

Reopening Fails on Both Counts: Invalid Sec 148A Notice and Time-Barred Sec 148 Render Assessment Void

Income Tax : The issue was whether a notice granting less than the statutory minimum time is valid. The tribunal held that giving less than 7 d...

April 16, 2026 1014 Views 0 comment Print

ITAT Mumbai Quashes Reopening: Approval by Wrong Authority u/s 151 Makes Entire Reassessment Void

Income Tax : The case addresses whether reassessment is valid when approval is granted by the wrong authority. ITAT held that sanction under Se...

April 13, 2026 576 Views 0 comment Print


Section 54F Exemption Cannot Be Denied for Small or Modest House Construction

January 8, 2026 5172 Views 0 comment Print

The AO denied exemption relying on an inspector’s report citing minimal construction. The Tribunal held that documentary evidence showed a habitable residence, entitling exemption.

Interest on Land Acquisition Compensation Taxable as Capital Receipt

January 8, 2026 1605 Views 0 comment Print

The dispute concerned the head of taxation for interest received on enhanced land compensation. The Tribunal ruled that Section 28 interest is an accretion to compensation and cannot be assessed as income from other sources.

Society-Funded Property in Personal Name Triggers Gift Tax

December 30, 2025 423 Views 0 comment Print

The tribunal held that land registered in an individual’s name but fully paid by a society amounts to receipt of property without consideration. Such benefit is taxable as income under section 56(2)(vii).

Interest on Enhanced Land Acquisition Compensation Taxable u/s 56(2)(viii)

December 19, 2025 1365 Views 0 comment Print

The issue was whether interest received on enhanced compensation for compulsory land acquisition is exempt from tax. The Tribunal held that after the 2010 amendment, such interest is taxable as income from other sources, not exempt under section 10(37).

Reassessment Quashed As AO issuing notice lacked Jurisdiction Over Non-Resident

December 18, 2025 1047 Views 0 comment Print

The tribunal examined whether reassessment could be initiated by an officer lacking jurisdiction over a non-resident assessee. It held that notices issued by an incorrect authority render the entire reassessment void.

Interest disallowance u/s. 36(1)(iii) unwarranted as sufficient own funds available for subsidiary investment

December 11, 2025 606 Views 0 comment Print

ITAT Chennai held that since there was sufficient own funds to make investment/advances to its subsidiary, the interest disallowance under section 36(1)(iii) was not warranted. Accordingly, AO directed to delete the addition.

Tribunal Orders Fresh Probe on Rs. 5.24 Cr Land Addition Over 8-km Claim

December 10, 2025 468 Views 0 comment Print

ITAT Agra held that additional evidence proving the land’s distance from municipal limits is crucial for reassessment under Section 56(2)(vii). The case was remanded to AO for de novo verification, allowing the assessee to file further supporting documents.

Section 56(2)(vii)(b) Addition Overturned for Earlier Property Booking

December 5, 2025 447 Views 0 comment Print

ITAT Mumbai ruled that a flat booked in 2009 is valued based on that year, even if the flat number changed later, preventing a ₹1.26 crore addition under Section 56(2)(vii)(b).

Section 56(2)(viib) Addition Unsustainable Due to Improper Rejection of DCF

December 5, 2025 543 Views 0 comment Print

The Tribunal held that DCF valuation cannot be discarded merely because projections differ from actual results. AO’s failure to refer the matter to a Valuation Officer rendered the Section 56(2)(viib) addition unsustainable.

ITAT Deletes Addition for Ignoring Allotment Letter and Early Payment

November 29, 2025 294 Views 0 comment Print

The Tribunal held that stamp duty value must be taken as on the year of agreement when part consideration is paid through banking channels. Since the buyer paid in 2011 and received allotment in 2012, adopting 2017 stamp value was invalid. The ruling reaffirms strict application of the proviso to section 56(2)(vii)(b).

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