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 Amendment Rules, 2025 – Key Procedural Changes and Practical Takeaways
The Income-tax Appellate Tribunal has recently notified the Income-tax (Appellate Tribunal) Amendment Rules, 2025, introducing important p...
-
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...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
In a landmark development that could have far-reaching implications for multinational groups operating in India, the Hon’ble Bombay High C...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The taxation of transactions within a Hindu Undivided Family (HUF) is governed by specific provisions under the Income Tax Act, 1961. This...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
In the case of "Maya Gopinathan vs Anoop SB 2024 INSC 334," the Hon'ble Supreme Court provided insightful guidance on the de...
-
As per Income Tax Laws, any sum received or receivable in cash or kind under an agreement for not carrying business or profession is treat...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
No comments:
Post a Comment