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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The case addresses the taxability of cash withdrawn from sub-contractors' bank accounts by employees of a civil contractor engaged in infrastructure development.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)

Anil Kumar Paik, Kolkata vs. ACIT, Cir-8(1), Kol, Kolkata

In the result, appeal of the assessee is allowed

ITA 492/KOL/2023[2017-18]Status: DisposedITAT Kolkata29 Feb 2024AY 2017-18

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 492/Kol/2023 Assessment Year: 2017-18 Anil Kumar Paik Acit, Circle-8(1), Kolkata C/O S.N. Ghosh & Associates, Advocates Vs 2, Garstin Place, 2Nd Floor Suite No. 203 Off Hare Street Kolkata - 700001 [Pan : Aflpp6567R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somnath Ghosh, Advocate Revenue By : Shri B.K. Singh, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 01/12/2023 घोषणा क" तारीख /Date Of Pronouncement: 29/02/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 15/03/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Ld. Commissioner, Of Income Tax (Appeals)- N.F.A.C. Acted Unlawfully In Impliedly Sustaining; The Purported Addition Of Rs. 1,67.44,907/- Made The Ld. Assistant Commissioner, Of Income Tax, Circle 8(1) Kolkata By Invoking The Mischief U/S. 43Ca Of The Income Tax Act, 1961 Without Satisfying The Parameters Thereof & The Adverse Conclusion Reached On That Behalf In Violation Of The Statutory Prescription Is Completely Unfounded, Unjustified & Untenable In Law. 2. For That The Specious Approach Of The Ld. Commissioner Of Income Tax (Appeals)-N.F.A,C. Of Misreading Evidence, Considering Improper Facts

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri B.K. Singh, JCIT, Sr. D/R
Section 145Section 250Section 43C

occasion to consider the value of the flat in case of sale by the Developer in the context of section 50C and section 56(2)(vii)(b)(ii) of the Act. The Division Bench observed thus: "3. Regarding question No. (i): ** ** ** (f) It is self evident from reading of section

Sarwar Ahuja, Hyderabad vs. Income Tax Officer, Ward-6(1), Hyderabad

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

ITA 493/HYD/2023[2018-19]Status: DisposedITAT Hyderabad27 Feb 2024AY 2018-19

Bench: Hon'Ble Justice (Retd.) C.V. Bhadang & Shri R.K. Panda, Vice-आ.अपी.सं /Ita No.493/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2018-19) Shri Sarwar Ahuja Vs. Income Tax Officer Hyderabad Ward-6(1) Pan:Ahkpa9724E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: N O N E राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 15/02/2024 घोषणा की तारीख/Pronouncement: 27/02/2024 Order Per R.K. Panda, Vice-. This Appeal Filed By The Assessee Is Directed Against The Order Dated 2/8/2023 Of The Learned Cit (A)-Nfac, Delhi, Relating To A.Y.2018-19. 2. This Appeal Was Fixed For Hearing On 21/11/2023. However, Due To Non-Appearance By Anyone On The Date Of Hearing, The Case Was Adjourned To 15.2.2024 & Notice Was Issued Through Rpad Which Was Duly Served On The Assessee & The Acknowledgment Placed On Record. However, On 15.2.2024 When The Name Of The Assessee Was Called There Was Neither Anyone Present For The Assessee Nor Any Application

For Appellant: N O N EFor Respondent: : Shri Shakeer Ahmed, DR
Section 143(2)Section 56(2)(vii)

time of completion of the assessment, the valuation report from the valuer was not received. The Assessing Officer therefore, applying the provisions of section 56(2)(vii)(b) r.w.s. 50C of the I.T. Act, 1961 took the value of the purchase consideration of the property at Rs.2 ... however, due to non-receipt of such report from the DVO till completion of the assessment, the Assessing Officer applying the provisions of section 56(2)(vii)(b) r.w.s. 50C of the I.T. Act, 1961 made addition of Rs.54,01,251/- being the assessee’s share of the difference between