Tuesday, 22 January 2019

CBDT takes third shot at Sec. 56(2)(viia) cherry, directs officers to ignore 'incorrect' view

CBDT clarifies that the view taken by Circular no. 10 dated Dec 31, 2018 [subsequently withdrawn by Circular no. 2 / 2019] that Sec. 56(2)(viia) would not apply to fresh issuance of shares, “would not be a correct approach, as it could be subject to abuse and would be contrary to the express provisions and the legislative intent of Sec. 56(2)(viia) or similar provisions contained in Sec. 56(2)..”; Makes it clear that “the said circular shall not be taken into account by any income-tax authority in any proceedings under the Act.”; States that any view expressed by Board vide Circular no. 10 of 2018 shall be considered to have never been expressed. 

No comments:

CBDT issues second round of frequently asked questions in relation to Direct Tax Vivad Se Vishwas Scheme, 2024

  This Tax Alert summarizes Circular No. 19/2024 dated 16 December 2024 (VSV 2- December Circular) issued by the Central Board of Direct Tax...