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)
New Customs Scheme for Manufacturing Sector
The Regulations enable an Authorized Importer to clear the imported goods directly from port to its manufacturing unit (‘ Authorised Premi...
-
Direct Tax · No change in the rate of corporate tax including surcharge & cess.
-
Buyback is an important provision related to Share Capital of a company. Rule 17 of the Companies Act set out norms for buyback...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
The Input Service Distributor (ISD) mandate, introduced in the Union Budget 2024, will take effect from April 1, 2025, as per amendments to ...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
The Union Budget 2025 introduces significant amendments to transfer pricing (TP) regulations under the Income Tax Act. These changes focu...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The Income Tax Department has developed the latest JAVA base ITR Forms utility. ITR-1 (Sahaj) and ITR-4S (Subam) JAVA base utility has ...
-
Sr No Due Date Related to Compliance to be made 1 11.02.2025 GST ...
No comments:
Post a Comment