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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 2319 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 27450 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 62856 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 4782 Views 0 comment Print


Latest Judiciary


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 177 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 168 Views 0 comment Print

Co-Ownership with PArents Not Enough for Unexplained Investment Addition: ITAT Mumbai

Income Tax : The Tribunal dismissed the challenge to reassessment proceedings as no arguments were presented by the assessee. The ruling highli...

April 13, 2026 318 Views 0 comment Print

No 143(2) Notice, No Reassessment: ITAT Quashes Proceedings Despite Delayed ITR

Income Tax : The Tribunal held the assessment invalid as no mandatory notice under Section 143(2) was issued. The key takeaway is that absence ...

April 4, 2026 507 Views 0 comment Print

AO Cannot Replace DCF with NAV Without Pointing Defects in Assessee’s Valuation: ITAT Chennai

Income Tax : The case examined whether share premium could be taxed without proof of unaccounted funds. The Tribunal held that Section 56(2)(vi...

March 29, 2026 309 Views 0 comment Print


ITAT directs AO to consider stamp duty value on allotment date for Section 56(2)(vii)(b) addition

December 13, 2023 7695 Views 0 comment Print

Explore the ITAT Mumbai decision in Rekha Singh vs ITO, directing the consideration of stamp duty value on the date of allotment for Section 56(2)(vii)(b) purposes. Detailed analysis and implications.

Addition u/s. 56(2)(vii)(b) due to difference in circle rate & actual amount paid for land sustained

November 6, 2023 2916 Views 0 comment Print

ITAT Delhi held that addition u/s. 56(2)(vii)(b) of the Income Tax Act on account of difference between circle rate and actual amount paid for purchase of land as the land in question was a capital asset.

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

October 24, 2023 2082 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 618 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 1203 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 11208 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 768 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 62856 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 2091 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 3330 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.

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