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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 174 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


Revision u/s 263 rightly invoked as AO failed to inquire valuation of shares vis-à-vis provisions of section 56(2)(viib)

June 13, 2023 498 Views 0 comment Print

ITAT Kolkata held that AO failed to make required enquiries to go into the question of valuation of shares given by the accountant for the purpose of assessment of income as per provisions of section 56(2)(viib). Accordingly, revisionary power under section 263 rightly invoked.

Stamp duty value on date of allotment is to be taken as per first proviso to section 56(2)(vii)(b)

June 12, 2023 2580 Views 0 comment Print

ITAT Mumbai held that as per first proviso to section 56(2)(vii)(b), where date of agreement fixing amount of consideration for transfer of property and ate of registration is not same, the stamp duty value on the date of allotment is to be taken.

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

June 12, 2023 7005 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 1599 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 20394 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 2859 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 570 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 3465 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 4782 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 4353 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 […]

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