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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 29007 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 4968 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 1023 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 579 Views 0 comment Print


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

December 27, 2024 921 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 1074 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.

Section 56(2)(vii)(b) Addition without reference to valuation officer’s is legally unsustainable: ITAT Lucknow

November 2, 2024 10707 Views 0 comment Print

ITAT Lucknow ruled that additions under Section 56(2)(vii)(b) are unsustainable without a valuation officer’s reference, directing deletion of ₹2.14 crore addition.

Stamp duty value on date of agreement to be considered when date of agreement and registration is different

October 25, 2024 3792 Views 0 comment Print

ITAT Kolkata held that when date of agreement and date of registration are not same, then, stamp duty value on the date of agreement should be considered. Accordingly, since difference is less than 10%, hence addition u/s. 56(2)(vii) unjustified.

Completion of revisionary proceeding within short span of 12 days unjustified: Matter restored back

October 25, 2024 630 Views 0 comment Print

ITAT Ahmedabad held that the entire proceedings under Section 263 of the Act were initiated and completed by the PCIT within a period of only 12 days without pointing out reason for lack of enquiry unjustified. Accordingly, matter restored back.

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

July 19, 2024 1920 Views 0 comment Print

Detailed analysis of DCIT vs Tangi Facility Solutions Pvt Ltd case by ITAT Chennai regarding taxation of bonus shares under Income Tax Act. Understand ITAT’s ruling and implications.

Section 56(2)(vii) inapplicable to non-residents: ITAT Delhi

July 10, 2024 4893 Views 2 comments Print

ITAT Delhi rules Section 56(2)(vii) inapplicable to non-residents, deleting Rs. 9.31 Cr addition for APL Logistics Vascor Automotive Pvt. Ltd. Read full order and analysis.

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

June 7, 2024 2577 Views 0 comment Print

Explore the implications of the PCIT Vs I.A. Hydro Energy case regarding loan conversion to equity under Section 56(2)(viib) of the Income Tax Act, 1961, highlighting the choice of valuation method with the assessee.

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

May 5, 2024 2895 Views 0 comment Print

Search warrant is issued regarding premises and not necessarily regarding an assessee, and a common search warrant and panchnama issued against multiple assesses operating from the same premises are justifiable.

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

April 16, 2024 3903 Views 0 comment Print

Detailed analysis of Chandarani N. Goyal Vs ITO case where Mumbai ITAT ruled that money received as a security deposit, if refunded, is not taxable under section 56(2)(vii)(a) of the Income Tax Act.

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