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)
5 GST Judgments in 2026 Every Business Should Be Watching
The year 2026 has already delivered several landmark GST decisions that could significantly influence tax compliance, assessments, and litig...
-
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...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
The Reserve Bank of India has introduced a new framework governing export and import transactions under FEMA. These regulations are effectiv...
-
THE issues before the Bench are - Whether no penalty u/s 271(1)(c) is warranted even if assessee makes false claim of Sec 80IA benefits ...
-
What is a Digital Signature? Answer: A digital signature authenticates electronic documents in a similar manner a handwritten signatur...
-
This Tax Alert summarizes a recent judgement of the Supreme Court (SC) [1] on whether a show cause notice (SCN) under Section 74 of the ...
-
This Tax Alert summarizes a recent ruling of the Gujarat High Court (HC)1 on the taxability of corporate guarantee provided by the Petitio...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
No comments:
Post a Comment