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“Section 56(2)”

Section References (mined)Section 56Section 56(2)1,770 judgments

The decision most relied on for Section 56(2) is Totgars Co-operative Sale Society Ltd. v. ITO (322 ITR 283), cited in 1,283 judgments on BharatTax.

Leading authorities on Section 56(2)

Totgars Co-operative Sale Society Ltd. v. ITO
322 ITR 283 · 2010 · Supreme Court
1,283
citing judgments

The interest income earned by a cooperative society from investing its surplus funds in fixed deposits with banks is not "derived from" its eligible business activities and is taxable as "income from other sources" under Section 56, thus not qualifying for deduction under Section 80P.

Pr. CIT v. Totagars
395 ITR 611 · 2017 · High Court
1,074
citing judgments

Interest income earned by a cooperative society from surplus deposits or investments held with a cooperative bank is not eligible for deduction under Section 80P(2)(d) of the Act.

Mavilayi Service Co-operative Bank Ltd. v. CIT
431 ITR 1 · 2021 · Supreme Court
999
citing judgments

Section 80P(4) serves as a proviso to Section 80P(1) and (2), excluding only cooperative banks that are cooperative societies and possess an RBI license for banking business. Its purpose is to exclude cooperative banks operating like commercial banks that lend money to the public.

CIT v. Sunbeam Auto Ltd.
332 ITR 167 · 2011 · High Court
897
citing judgments

The Commissioner cannot revise an assessment under Section 263 merely because the assessment order does not explicitly reflect an inquiry, or because the Commissioner holds a different opinion. An inquiry, even if considered inadequate, or an assessment based on a plausible view by the Assessing Officer after due examination, does not automatically make the order erroneous or prejudicial to the interests of the revenue.

Tumkur Merchants Souharda Credit Cooperative Ltd. v. ITO
230 Taxmann 309 · 2015 · High Court
527
citing judgments

A cooperative society is eligible for deduction under Section 80P(2)(a)(i) if it is engaged in cooperative activities. It also clarifies the allowability of deduction under Section 80P(2)(d) for interest income received from investments made in cooperative banks, after duly considering the Supreme Court's decision in Totgars Co-operative Sale Society Ltd.

Citizen Co-operative Society Ltd. v. ACIT
397 ITR 1 · 2017 · Supreme Court
499
citing judgments

A co-operative credit society engaged in banking business with the general public, accepting deposits from non-members and advancing loans to non-members, is treated as a co-operative bank. Such a society falls under the exclusionary clause of Section 80P(4) and is not eligible for deduction under Section 80P(2)(a)(i).

Totgar's Co-operative Sale Society Ltd. v. ITO
188 Taxmann 282 · 2010 · Supreme Court
486
citing judgments

Interest income earned by a co-operative society from investments, particularly with co-operative banks, is not eligible for deduction under Section 80P as it is not attributable to the core business activities of the society and constitutes "other income", not "profits and gains of business".

ITO v. D.G. Housing Projects Ltd.
343 ITR 329 · 2012 · High Court
438
citing judgments

For exercising revisional jurisdiction under Section 263, the Commissioner must first find that the Assessing Officer's order is erroneous and unsustainable in law, as this is a condition precedent. An order is not erroneous merely because two views are possible, or if the Commissioner disagrees with the Assessing Officer's permissible view, or to simply remit the matter for further enquiries.

Judgments citing Section 56(2)

ITO-12(3)(4), Mumbai vs. Mystical Infratech Private Limited, Mumbai

ITA 4266/MUM/2017[2011-12]Status: DisposedITAT Mumbai19 Sept 2022AY 2011-12

Bench: Shr Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No.4266/Mum/2017 (निर्धारणवर्ा / Assessment Year: 2011-12) Income Tax Officer- M/S. Mystical Infaratech Pvt. Ltd., 12(3)(4),Room No.147A, 1St बिधम/ Ground Floor, D. B.House,, Floor ,Ayankar Bhavan, Vs. Gen A.K.Vaidya Marg, M.K.Road, Mumbai-400 Mumbai-400 063. 020. स्थायीलेखासं./जीआइआरसं./ Pan No. Aagcm1049J (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri. Nimesh Yadav( Cit Dr) प्रत्यथीकीओरसे/Respondent By : Shri. A.K.Ghosh , Pooja Ramder , Ld. Ar सुनवाईकीतारीख/ : 22.06.2022 Date Of Hearing घोषणाकीतारीख / : 19.09.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against Order Dated 30.03.2017, Passed By Cit (Appeals)-20 Mumbai For The Quantum Of Assessment Passed U/S 143(3) For Ay 2011-12. The Revenue Has Raised The Following Grounds:-

For Appellant: Shri. Nimesh Yadav( CIT DR)For Respondent: Shri. A.K.Ghosh , Pooja
Section 143(3)Section 56Section 56(2)(viia)

page 4 to 12 of the assessment order. In sum and substance, the assessee’s contention was that firstly, the provision of section 56(2)(viia) does not apply to other allotment of equity /preference shares; secondly, the equity shares in SLS and DBPPL were acquired by the assessee company ... date as claimed by the assessee in this case being 30.07.2010. The fair market value of the property being share as specified under section 56(2)(vii)(viiia) of the IT act is always has to be determined with reference to the date of allotment of share

M/S. Waterline Hotels Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 7(1)(2), Bangalore

In the result, the appeal by the assessee is allowed

ITA 388/BANG/2020[2013-14]Status: DisposedITAT Bangalore13 Sept 2022AY 2013-14

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sassessment Year : 2013-14 Waterline Hotels Pvt. Ltd., Vs. The Deputy Commissioner 10Th Floor, Gamma Block, Of Income Tax, Sigma Soft Tech Park No.07, Circle 7(1)(2), Airport Varthur Road, Bangalore. Whitefield, Bangalore – 560 066. Pan: Aaacw 8059N Appellant Respondent Appellant By : Shri Pranav Krishna, Advocate Respondent By : Shri V S Chakrapani, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 29.08.2022 Date Of Pronouncement : 13.09.2022 O R D E R Per Padmavathy S.This Appeal By The Assessee Is Against The Order Of The Cit(Appeals)-7, Bengaluru Dated 27.3.2019 For The Assessment Year 2013-14. 2. The Assessee Has Raised 18 Grounds Pertaining To The Following Issues:- Page 2 Of 20

For Appellant: Shri Pranav Krishna, AdvocateFor Respondent: Shri V S Chakrapani, CIT(DR)(ITAT), Bengaluru
Section 143(2)Section 271Section 40Section 56(2)(viib)

Fair Market Value [FMV] method using the book value of the assets & liabilities as per the financials. The AO invoked the provisions of section 56(2)(viib) and made an addition of Rs.33,71,77,500. The AO also made a disallowance u/s. 40(a)(ia) of the Act towards ... liabilities. As per the workings of the AO the value of shares was arrived at (-) 47.05. The AO therefore invoked the provisions of section 56(2)(viib) and made addition of the entire amount of share premium of Rs. 33,71,77,500 12. The CIT(A) upheld the addition

Mr. Sajjanraj Mehta, Mumbai vs. ITO Ward-21(3)(2), Mumbai

In the result, ground no-4 is also allowed with a direction to the A

ITA 56/MUM/2021[2014-15]Status: DisposedITAT Mumbai05 Sept 2022AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalmr. Sajjanraj Mehta C/O. M. Mehta & Co., Shop No. 19, Palamsojal Building, Dadar (W), Mumbai-400028. Pan: Aabpm9430B ...... Appellant Vs. Ito, Ward-21(3)(2) Room No. 206, 2Nd Floor, Piramal Chambers, Parel, Mumbai-400012. ..... Respondent Appellant By : Sh. Ajay Singh Respondent By : Sh. Pramod Nikalje Date Of Hearing : 14/06/2022 Date Of Pronouncement : 05/09/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-33, Mumbai [Hereinafter Referred To As (‘Cit(A)’] Dated 11.02.2020 For The Assessment Year (Ay) 2014-15. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Sh. Ajay SinghFor Respondent: Sh. Pramod Nikalje
Section 234BSection 234DSection 244ASection 271(1)(c)Section 56(2)(vii)

upholding the allegation made by the AO that the case of the Appellant did not fall within the purview of the proviso to Section 56(2)(vii)(b)(ii) of the Act. 4. On the facts and circumstances of the case and law applicable thereto, the Ld. CIT(A) erred ... market value of the property was Rs. 1,00,28,500/- his attention was drawn to the provision of section 56(2)(vii)(b). The assessee was required to show cause why the difference between the consideration and the stamp duty value

JCIT (OSD)-8(1)(1), Mumbai vs. M/S Royal Western India Turf Club Ltd., Mumbai

In the result, all the captioned appeals of the revenue stands dismissed

ITA 3744/MUM/2019[2015-16]Status: DisposedITAT Mumbai02 Sept 2022AY 2015-16

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.3742/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No.3743/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2014-15) & आयकर अपील सं/ I.T.A. No.3744/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2015-16) Jcit (Osd)-8(1)(1) बिधम/ M/S. Royal Western India Room No. 625, 6Th Floor, Turf Club Ltd. Vs. Aayakar Bhawan, Maharshi Mahalaxmi Race Course, Karve Marg, Mumbai- Mahalaxmi, Mumbai- 400020. 400034. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabcr8519H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sumit Lalchandani Revenue By: Smt. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 27/07/2022 घोषणा की तारीख /Date Of Pronouncement: 02/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Revenue Appeals Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-14, Mumbai Dated 27.02.2019 For Assessment Year 2013-14, Ay 2014-15 & Ay 2015-16 Respectively. 2. At The Outset, The Ld. Ar Of The Assessee Submits That The Grounds Of Appeal Preferred By The Revenue Are Similar Especially Ground No. 1 & 2 For All The Years (Ay. 2013-14 To Ay. 2015-16) & The Additional Ground Is Only For Appeals Pertaining To Ay 2014-15 & Ay 2015-16 Which Is Related To Disallowance Made U/S 14A Of The

For Appellant: Shri Sumit LalchandaniFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 143(3)Section 14A

Royal Western I Club Ltd gift received by an assessee it has specifically provided so by enacting the law. As per section 56(2)(v) the gifts received by an individual and HUF only are made liable to tax. Thereafter for the first time two other category of assessees were ... added with effect from 1.06.2010 by Finance Act, 2010 in clause (viia) of section 56(2) of the Income Tax Act, 1961. These two categories of the assessees are ―a firm and ―a company. However, the parliament restricted the taxability to receipt in the form of shares of an unlisted

JCIT (OSD)-8(1)(1), Mumbai vs. M/S Royal Western India Turf Club Ltd., Mumbai

In the result, all the captioned appeals of the revenue stands dismissed

ITA 3743/MUM/2019[2014-15]Status: DisposedITAT Mumbai02 Sept 2022AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.3742/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No.3743/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2014-15) & आयकर अपील सं/ I.T.A. No.3744/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2015-16) Jcit (Osd)-8(1)(1) बिधम/ M/S. Royal Western India Room No. 625, 6Th Floor, Turf Club Ltd. Vs. Aayakar Bhawan, Maharshi Mahalaxmi Race Course, Karve Marg, Mumbai- Mahalaxmi, Mumbai- 400020. 400034. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabcr8519H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sumit Lalchandani Revenue By: Smt. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 27/07/2022 घोषणा की तारीख /Date Of Pronouncement: 02/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Revenue Appeals Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-14, Mumbai Dated 27.02.2019 For Assessment Year 2013-14, Ay 2014-15 & Ay 2015-16 Respectively. 2. At The Outset, The Ld. Ar Of The Assessee Submits That The Grounds Of Appeal Preferred By The Revenue Are Similar Especially Ground No. 1 & 2 For All The Years (Ay. 2013-14 To Ay. 2015-16) & The Additional Ground Is Only For Appeals Pertaining To Ay 2014-15 & Ay 2015-16 Which Is Related To Disallowance Made U/S 14A Of The

For Appellant: Shri Sumit LalchandaniFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 143(3)Section 14A

Royal Western I Club Ltd gift received by an assessee it has specifically provided so by enacting the law. As per section 56(2)(v) the gifts received by an individual and HUF only are made liable to tax. Thereafter for the first time two other category of assessees were ... added with effect from 1.06.2010 by Finance Act, 2010 in clause (viia) of section 56(2) of the Income Tax Act, 1961. These two categories of the assessees are ―a firm and ―a company. However, the parliament restricted the taxability to receipt in the form of shares of an unlisted

JCIT (OSD)-8(1)(1), Mumbai vs. M/S Royal Western India Turf Club Ltd., Mumbai

In the result, all the captioned appeals of the revenue stands dismissed

ITA 3742/MUM/2019[2013-14]Status: DisposedITAT Mumbai02 Sept 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.3742/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No.3743/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2014-15) & आयकर अपील सं/ I.T.A. No.3744/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2015-16) Jcit (Osd)-8(1)(1) बिधम/ M/S. Royal Western India Room No. 625, 6Th Floor, Turf Club Ltd. Vs. Aayakar Bhawan, Maharshi Mahalaxmi Race Course, Karve Marg, Mumbai- Mahalaxmi, Mumbai- 400020. 400034. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabcr8519H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sumit Lalchandani Revenue By: Smt. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 27/07/2022 घोषणा की तारीख /Date Of Pronouncement: 02/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Revenue Appeals Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-14, Mumbai Dated 27.02.2019 For Assessment Year 2013-14, Ay 2014-15 & Ay 2015-16 Respectively. 2. At The Outset, The Ld. Ar Of The Assessee Submits That The Grounds Of Appeal Preferred By The Revenue Are Similar Especially Ground No. 1 & 2 For All The Years (Ay. 2013-14 To Ay. 2015-16) & The Additional Ground Is Only For Appeals Pertaining To Ay 2014-15 & Ay 2015-16 Which Is Related To Disallowance Made U/S 14A Of The

For Appellant: Shri Sumit LalchandaniFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 143(3)Section 14A

Royal Western I Club Ltd gift received by an assessee it has specifically provided so by enacting the law. As per section 56(2)(v) the gifts received by an individual and HUF only are made liable to tax. Thereafter for the first time two other category of assessees were ... added with effect from 1.06.2010 by Finance Act, 2010 in clause (viia) of section 56(2) of the Income Tax Act, 1961. These two categories of the assessees are ―a firm and ―a company. However, the parliament restricted the taxability to receipt in the form of shares of an unlisted

M/S Wavell Investments Pvt. Ltd., Mumbai vs. Asst. CIT Circle-2(3)(1), Mumbai

Appeal of the assessee is allowed for statistical purposes

ITA 1644/MUM/2019[2015-16]Status: DisposedITAT Mumbai17 Aug 2022AY 2015-16

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am M/S Wavell Investment Pvt. Ltd. Jt. Cit (Osd) 15, Mohindra House, 2(3)(1) Room No. 552, 5 Th Floor, J N Heredia Marg, Vs. Ballard Estate, Aayakar Bhavan, Mumbai-400 020 Mumbai-400 038 (Respondent) (Appellant) Pan No. Aaacw0598C M/S Wavell Investment Pvt. Ltd. Jt. Cit (Osd) 15, Mohindra House, 2(3)(1) Room No. 552, 5 Th Floor, J N Heredia Marg, Vs. Ballard Estate, Aayakar Bhavan, Mumbai-400 020 Mumbai-400 038 (Respondent) (Appellant) Assessee By : Ms Ritika Agarwal, Ar Revenue By : Shri Hoshang B. Irani, Dr Date Of Hearing: 09.06.2022 Date Of Pronouncement : 17.08.2022

For Appellant: Ms Ritika Agarwal, ARFor Respondent: Shri Hoshang B. Irani, DR
Section 14ASection 36(1)(i)Section 36(1)(ii)Section 56(2)Section 56(2)(viib)

BECAUSE, the CIT (A) has erred on facts and in law in falling to consider that for the purposes of section 56(2)(viib), the higher of the two prescribed valuations is to be taken. 5. BECAUSE, the CIT(A) has erred in law and on facts in upholding ... report dated 30 November 2014 along with the working of the valuation of the share. The learned Assessing Officer invoked the provisions of Section 56(2) (viib) of the Income-tax Act, 1961 (The Act) and asked assessee to justify premium. Assessee did not submit any justification for the same

Jt. CIT(OSD)-2(3)(1), Mumbai vs. M/S Wavell Investment Pvt. Ltd., Mumbai

Appeal of the assessee is allowed for statistical purposes

ITA 1288/MUM/2019[2015-16]Status: DisposedITAT Mumbai17 Aug 2022AY 2015-16

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am M/S Wavell Investment Pvt. Ltd. Jt. Cit (Osd) 15, Mohindra House, 2(3)(1) Room No. 552, 5 Th Floor, J N Heredia Marg, Vs. Ballard Estate, Aayakar Bhavan, Mumbai-400 020 Mumbai-400 038 (Respondent) (Appellant) Pan No. Aaacw0598C M/S Wavell Investment Pvt. Ltd. Jt. Cit (Osd) 15, Mohindra House, 2(3)(1) Room No. 552, 5 Th Floor, J N Heredia Marg, Vs. Ballard Estate, Aayakar Bhavan, Mumbai-400 020 Mumbai-400 038 (Respondent) (Appellant) Assessee By : Ms Ritika Agarwal, Ar Revenue By : Shri Hoshang B. Irani, Dr Date Of Hearing: 09.06.2022 Date Of Pronouncement : 17.08.2022

For Appellant: Ms Ritika Agarwal, ARFor Respondent: Shri Hoshang B. Irani, DR
Section 14ASection 36(1)(i)Section 36(1)(ii)Section 56(2)Section 56(2)(viib)

BECAUSE, the CIT (A) has erred on facts and in law in falling to consider that for the purposes of section 56(2)(viib), the higher of the two prescribed valuations is to be taken. 5. BECAUSE, the CIT(A) has erred in law and on facts in upholding ... report dated 30 November 2014 along with the working of the valuation of the share. The learned Assessing Officer invoked the provisions of Section 56(2) (viib) of the Income-tax Act, 1961 (The Act) and asked assessee to justify premium. Assessee did not submit any justification for the same

DCIT-CC-7(3), Mumbai vs. Shri Majni Karamshi Patel, Mumbai

In the result, the cross objections of the assessee and the appeal filed by the revenue is dismissed

ITA 6128/MUM/2019[2014-15]Status: DisposedITAT Mumbai10 Aug 2022AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyal, Accountat Member Dcit, Cc-7(3) Vs. Shri Manji Karamshi Room No. 655, Patel Aayakar Bhavan, Office No. 1, Patel M.K.Road, Bhavan-29, Vijaywadi, Mumbai.-400020. Dr. Nagindas N Shah Lane Chira Bazar, Mumbai – 400002. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpp0130D Appellant .. Respondent Co No. 45/Mum/2021 (A.Y: 2014-15) Shri Manji Karamshi Vs. Dcit, Cc-7(3) Patel Room No. 655, Aayakar Office No. 1, Patel Bhavan, Bhuvan-29, Vijaywadi, M.K .Road, Dr. Nagindas N Shah Mumbai-400002. Lane Chira Bazar, Mumbai – 400002. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpp0130D Appellant .. Respondent

For Appellant: Shri.Rushab Mehta.ARFor Respondent: Shri .T .Shankar.DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 148Section 68

issue are relevant for valuing preference shares. Even the present Rule 11UA of the Income Tax Rules 1962 are applicable only to section 56(2) of the Act, requires valuation of preference shares by the merchant bankers. The AO has valuation of preference shares. His addition is based entirely ... genuine one. Even the amended section does not envisage the valuation of share premium. This is further evident from a parallel amendment in section 56(2) of the Act which brings in its ambit so much of the share premium as charged by a company, not being a company