Visakhapatnam ITAT rejects
taxability u/s. 56(2)(vii)(c) in the hands of assessee-individual for share
allotment under 'rights issue' in a family owned company at less than fair
market value during AY 2013-14; The entire shareholding in a closely held
company was held by assessee alongwith 7 of his close relatives [as defined
under explanation to 56(2)(vii)(c)], during subject AY, the company issued the
equity shares on rights basis for which only the assessee had applied and the
other relatives did not choose to subscribe for the rights issue; Rejects
Revenue’s stand that since there is no relation between the company and the
assessee there is no case for invoking the explanation of ‘relative’ to exempt
the assessee from taxing the excess fair market value; ITAT observes that
though the assessee had received the excess shares, renouncement was from the
close relatives, ITAT rules that “surrender of the rights of the close
relatives in favour of another close relative is covered for exemption u/s
56(2)(vii)(c) of the Act,”; ITAT concludes that the transactions between close
relatives are outside the scope of application of 56(2)(vii)(c) and should not
be seen as introducing black money or evasion of the tax, cites Chennai ITAT
ruling in Vaani Estates Pvt. Ltd., Karnataka HC ruling in R. Nagaraja Rao,
Madras HC ruling in Kay Arr Enterprises.:ITAT
Subscribe to:
Post Comments (Atom)
ITAT: Property Received on Family Trust Dissolution Qualifies as ‘Devolution’, Long-Term Capital Gains Tax Applies
Under income tax law, when a capital asset is acquired by way of succession, inheritance or devolution, the cost of acquisition is deemed to...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Recent judicial pronouncements across different forums have clarified several important aspects of Indian income tax law, particularly relat...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
The transition to the Income-tax Act, 2025 (ITA 2025) and the accompanying Income-tax Rules, 2026 introduces a significantly overhauled co...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
Introduction: India's Green Economy and the Tax Conundrum India stands as a global powerhouse in the fight against climate change, c...
-
In a landmark ruling, the ITAT, Hyderabad Bench, in the case of Amith Vishnaw Gudimela, held that a delay in filing Form-67 cannot be the so...
-
Clarifications from the GST Council The GST Council has recommended the following clarifications on ISD and cross charge:
-
The Delhi High Court held that interest earned on funds temporarily parked in bank deposits during the project setup phase is capital in n...
No comments:
Post a Comment