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“section 56(2)(vii)”

Special Rate ProvisionsSection 56(2)(vii)Section 56(2)(vii)741 judgments

The decision most relied on for section 56(2)(vii) is Rajeev Kumar Agarwal v. ACIT (149 ITD 363), cited in 104 judgments on BharatTax.

Leading authorities on section 56(2)(vii)

Rajeev Kumar Agarwal v. ACIT
149 ITD 363 · 2014 · ITAT
104
citing judgments

Curative amendments, such as a proviso to Section 40(a)(ia) introduced to remove undue hardship, apply retrospectively even without specific legislative declaration, rectifying shortcomings and obviating unintended difficulties.

CIT v. Puneet Sabharwal
338 ITR 485 · 2011 · High Court
69
citing judgments

The revenue must prove that an assessee received extra consideration beyond the declared value; a Departmental Valuation Officer's (DVO) report alone is insufficient to establish such receipt.

CIT v. Mukundray K. Shah, Citation No.
160 Taxmann 276 · 2007 · Supreme Court
39
citing judgments

Section 2(22)(e) of the Income Tax Act, 1961, aims to prevent tax evasion by treating certain payments made by closely held companies to shareholders or their concerns as dividends.

ICDS Ltd. v. CIT
10 SCC 529 · Reported
24
citing judgments

The Supreme Court remands a matter when an assessee is deprived of the opportunity to cross-examine individuals whose statements were relied upon by the Revenue under Section 132(4) of the Income Tax Act.

Ors., 1963 AIR 1526 17. ITO vs. B.N. Bhattacharya, 112 ITR 423 18. R. Dalmia v. CIT (Central)
186 ITR 313 · 1990 · High Court
24
citing judgments

The case addresses the taxability of cash withdrawn from sub-contractors' bank accounts by employees of a civil contractor engaged in infrastructure development. The revenue observed these withdrawals during search proceedings, indicating potential issues with the assessee's tax compliance.

Calcutta in Reliance Jute Industries Ltd. v. Income Tax Officer
150 ITR 643 · 1984 · High Court
23
citing judgments

The Assessing Officer (AO) is not required to refer the valuation to the District Valuation Officer (DVO) if the AO has conducted a detailed inquiry and is satisfied with the cost of construction. Strict adherence to procedural requirements is essential; failure to comply with mandatory conditions renders the assessment based on such non-compliance invalid.

370 ITR 720 (Allahabad) 9. Star Chemical (P.) Ltd. v. CIT
12 Taxmann.com 496 · 2011 · High Court
21
citing judgments

When lending money is not the business of a company, loans or advances given to an assessee-shareholder are treated as deemed dividends under section 2(22)(e) of the Income-tax Act. The provisions of section 2(22)(e) apply to a company that has taken a loan from its subsidiary.

CIT v. Smt Padma S. Bora
54 Taxmann.com 319 · 2015 · High Court
21
citing judgments

A debt written off in the assessee's books as irrecoverable, which was advanced in the ordinary course of business, is allowable as a deduction. The court noted that the Tribunal may have made a mistake in reproducing the Commissioner's findings, but this did not raise a substantial question of law regarding the allowability of bad debts.

Judgments citing section 56(2)(vii)

Dharmesh Ramesh Jhaveri, Mumbai vs. The Assessing Officer, Assessment Unit Faceless Assessments, Delhi

In the result, the appeal filed by the assessee is allowed

ITA 5472/MUM/2024[2017-18]Status: DisposedITAT Mumbai04 Dec 2024AY 2017-18

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri B.R. Baskaranassessment Year : 2017-18 Dharmesh Ramesh Jhaveri, The Asst./Dy. Commissioner Of 1 & 2,Bhagyodaya Building, Income Tax, Sarojini Road, Vs. Circle-2(2)(1), Vile Parle (West), Room No. 545, 5Th Floor, Mumbai. Aayakar Bhavan, Pan : Aacpj6530G M.K. Road, Mumbai. (Appellant) (Respondent) For Assessee : Shri Lalchand Choudhary, For Revenue : Shri R.R. Makwana, Sr.Dr Date Of Hearing : 04-12-2024 Date Of Pronouncement : 04-12-2024 O R D E R Per B.R. Baskaran, A.M : The Assessee Has Filed This Appeal Challenging The Order Dt. 28-08- 2024 Passed By The Ld. Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟] & It Relates To Ay. 2017-18. The Assessee Is Aggrieved By The Decision Of The Ld.Cit(A) In Confirming The Addition Of Rs.50.06 Lakhs Made By The Ao U/S. 56(2)(Vii)(B)(Ii) Of The Income Tax Act, 1961 („The Act‟).

For Appellant: Shri Lalchand ChoudharyFor Respondent: Shri R.R. Makwana, Sr.DR
Section 56(2)(vii)

assessee had paid an advance of Rs. 1 lakh on 16-05-2010. Accordingly, by placing reliance on the proviso to section 56(2)(vii)(b)(ii) of the Act, the assessee contended that the stamp duty value as on the date of allotment should be considered for the purpose ... section 56(2)(vii)(b)(ii) of the Act. The assessee submitted that the stamp duty value as on the date of allotment was Rs.40,34,880/- and it was less than the purchase consideration. Accordingly, the assessee contended that no addition u/s 56(2)(vii)(b) is called

Spl Infrastructure Pvt. Lt, Alwarpet, Chennai vs. ITO, Corporate Circle 6(1), Chennai

ITA 325/CHNY/2023[2018-19]Status: DisposedITAT Chennai29 Nov 2024AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.325/Chny/2023 िनधा"रण वष"/Assessment Year: 2018-19 Spl Infrastructure Pvt. Ltd., Vs. The Income Tax Officer, 15, Kasturi Rangan Road, Corporate Circle – 6(1), Alwarpet, Chennai 600 018. Chennai. [Pan: Aaics0881N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई की तारीख/ Date Of Hearing : 08.10.2024 घोषणा की तारीख /Date Of Pronouncement : 29.11.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 06.03.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2018-19. 2. The Assessee Raised 11 Grounds Of Appeal. The Ld. Ar Shri N. Arjun Raj, Advocate, Drew Our Attention To Ground No. 11 & Submits That This Matter Requires To Be Remanded To The File Of The Assessing

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 56Section 56(2)(viib)

Rule 11UA(2)(b). During the course of appellate proceedings, the appellant submitted various case laws which is related to section 56(2)(vii)(c) pertaining to Individual and HUF but it is not related to any company, which has independent legal entity and having separate 6 I.T.A. No.325/Chny/23 provision

Bimla, Delhi vs. ITO Ward-38(5), New Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 7973/DEL/2019[2014-15]Status: DisposedITAT Delhi26 Nov 2024AY 2014-15

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareekbimla, Vs. Ito, Ward 38 (5), H.No.143, Village Hamidpur, New Delhi. Delhi – 110 036. (Pan : Bpdpb9344B) (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate Shri Ankit Kumar, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 18.09.2024 Date Of Order : 26.11.2024 Order Per S.Rifaur Rahman,Am: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax Appeals-13, New Delhi (Hereinafter Referred To ‘Ld. Cit (A)’) Dated 23.07.2019 For Assessment Year 2014-15. 2. Brief Facts Of The Case Are, Assessee Filed Return Of Income Declaring Total Income Of Rs.2,23,030/- On 14.08.2014. The Return Of Income Was Processed Under Section 143 (1) Of The Income-Tax Act, 1961 (For Short ‘The Act’). The Case Was Selected For Scrutiny Through Cass & Notices

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Shri Kanv Bali, Sr. DR
Section 131Section 143Section 143(2)Section 69

purchase amount at Rs.1,63,50,103/- on the basis of circle rate on which stamp duty was paid in the light of section 56(2)(vii)(b)(ii) of the Act and directed the difference of amount between circle rate and actual amount paid by the assessee ... brought to our notice para 5.6 of the appellate order and submitted that ld. CIT (A) has invoked the provisions of section 56(2)(vii)(b)(ii) of the Act to confirm the addition of Rs.93,50,103/- being the difference of circle rate and actual purchase price. In this

Late Muthumalainadar Krishnavel, Represented by 6 Legal Heirs, Tuticorin vs. PCIT-1, Madurai

The appeal stand allowed in terms of our above order

ITA 1018/CHNY/2024[2016-17]Status: DisposedITAT Chennai18 Nov 2024AY 2016-17

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1018/Chny/2024 (िनधा"रण वष" / Assessment Year: 2016-17) Smt. K.Indira, Pcit-1 Shri K.Muthuvel, Madurai. Shri Selvakumaran, Shri M.K.Balaji बनाम/ Shri K.Ragupathy, Shri K.Sudhakar Vs. All L/Hs Of Late Shri Muthumalainadar Krishnavel, 15, Melanavaladivillai, Arumuganeri, Tuticorin-628 202. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Bctpk-6952-M (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri S.Sridhar (Advocate)-Ld. Ar ""थ"कीओरसे/Respondent By : Shri R.Clement Ramesh Kumar (Cit)-Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 29-08-2024 घोषणाकीतारीख /Date Of Pronouncement : 18-11-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri S.Sridhar (Advocate)-Ld. ARFor Respondent: Shri R.Clement Ramesh Kumar (CIT)-Ld. DR
Section 143(3)Section 147Section 263Section 56Section 56(2)(vii)

PCIT erred in directing the Assessing Officer to add a sum of Rs. 81,64,050/- as income in terms of Section 56(2)(vii)(b) of the Act constituting the difference the purchase value and the guideline value of the immovable property purchased without assigning proper reasons and justification ... appellant in the capacity of individual, thereby vitiating the revision order. 10. The PCIT failed to appreciate that the issue of applicability of Section 56[2)[vii)[b)[ii) of the Act was considered in the re-assessment proceedings and ought to have appreciated that there was no Violation