Follow Us:

section 56(2)(vii)

Latest Articles


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


Share Premium Addition Quashed; DCF Valuation Cannot Be Replaced Without Specific Errors

November 27, 2025 399 Views 0 comment Print

Tribunal held that AO did not establish any defect in identity, genuineness, or creditworthiness of share subscribers. Addition under Section 68 was deleted.

Wrong FMV Date and Cost Basis: ITAT Reverses AO’s Computation of Capital Loss

November 22, 2025 843 Views 0 comment Print

The ITAT found the AO’s valuation incorrect, emphasizing that FMV must be determined on the date of transfer, leading to the restoration of the long-term capital loss for the Assessee.

Addition Deleted Because Property Purchases Were Proven as Stock-in-Trade, Not Unexplained Investment

November 15, 2025 534 Views 0 comment Print

 ITAT upholds deletion of Section 69 addition after remand verification showed property purchases were recorded as business stock. Ruling highlights that properly accounted stock-in-trade cannot be taxed as unexplained investment.

Assessment u/s 153A passed with prior approval u/s 153D cannot be revised

November 13, 2025 9054 Views 0 comment Print

The Tribunal ruled that once an assessment under Section 153A is approved under Section 153D, it cannot be revised under Section 263. This reinforces limits on PCIT’s revisional powers.

Bonus Shares Not Taxable as Income: Madras High Court

November 12, 2025 1029 Views 0 comment Print

Madras High Court upheld ITAT’s finding that receipt of bonus shares does not constitute income under Sections 2(22)(b) and 56(2)(viia). Revenue’s appeal was dismissed.

Gift from Brother-in-Law Not Taxable despite absence of deed: ITAT Kolkata

November 12, 2025 5562 Views 1 comment Print

ITAT Kolkata held that gifts received from a brother-in-law are exempt under Section 56(2)(vii), as the relationship qualifies as relative for tax purposes.

AO Cannot Disturb Approved Share Valuation Method selected by assessee: ITAT Delhi

October 23, 2025 933 Views 0 comment Print

ITAT Delhi ruled that the Assessing Officer cannot alter the share valuation method chosen by the assessee under Rule 56(2)(viib) of the Income Tax Rules. Consequently, the revenue’s appeal was dismissed.

RFCTLARR Act Wins: Section 56(2)(viii) Shown the Door- When Land Is Exempt, Interest Also Is – ITAT Schools Revenue

October 14, 2025 1341 Views 0 comment Print

The ITAT ruled that interest on enhanced compensation for the compulsory acquisition of agricultural land is fully exempt from income tax, citing Section 96 of the RFCTLARR Act, 2013. The Tribunal held that this special law overrides the general tax provisions (Sections 56 and 145A), deleting the entire Rs.97.44 lakh addition.

ITAT Delhi Deletes Over ₹1112 Cr Additions: Fresh Share Allotment Not Covered by Section 56(2)(viia)

October 4, 2025 10125 Views 0 comment Print

The ITAT Delhi sets aside over ₹1112 Cr in tax additions in Enormous Nivesh Pvt. Ltd. Vs ACIT, ruling that Section 56(2)(viia) applies only to the ‘transfer’ of shares, not the ‘fresh allotment’ (issue) of shares, which is governed by Section 56(2)(viib).

Interest on Enhanced Compensation for Acquired Exempt Agricultural Land Not Taxable

October 4, 2025 1785 Views 0 comment Print

Chennai ITAT ruled in Devaraya Pillai Subramanian case that interest on enhanced compensation for compulsory acquisition of agricultural land, exempt under S.10(37), is also exempt. 

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031