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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)

Chalk Farm Ventures P. Ltd., Mumbai vs. Pr. CIT -1, Thane

In the result, the appeal of the assessee is hereby allowed

ITA 906/MUM/2021[2016-17]Status: DisposedITAT Mumbai26 Apr 2022AY 2016-17

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.906/Mum/2021 (ननधधारण वर्ा / Assessment Years: 2016-17) बनधम/ Chalk Farm Ventures Pvt. Pcit-1 Ltd. B Wing, Ashar It Park, Vs. 6Th Floor, Wagle No.202, Delta Building, Hiranandani Gardens, Powai, Industrial Estate, Thane- Mumbai-400076. 400604 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aagcc0332A (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Sanjay Parikh Revenue By: Shri Ashok Kumar Kardam (Dr) सुनवाई की तारीख / Date Of Hearing: 21/03/2022 घोषणा की तारीख /Date Of Pronouncement: 26/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 26.03.2021 Passed By The Principal Commissioner Of Income Tax-01, Thane [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2016-17 In Which The Principal Commissioner Of Income Tax-01 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: - 2. “Ground A: Proceeding U/S 263 Of The It Act Is Invalid & Bad In Law 1. The Learned Principal Commissioner Of Income Tax, Thane-1, (Pr. Cit) Erred In Facts & In Passing The Order U/S. 263 Without Appreciating That The Appellant Company Was Under Liquidation & No Order U/S. 263 Could Be Passed Without Giving Adequate Notice To The Liquidator Of The Appellant Company. 2. He Appellant Prays That Your Honour Hold That The Order Passed By The Ao U/S. 263 Is Bad In Law As The Same Is Passed Without Issuing Notice To The Liquidator Of The Appellant Company.

For Appellant: Shri Sanjay ParikhFor Respondent: Shri Ashok Kumar Kardam (DR)
Section 143(3)Section 263Section 371(1)

Please note that Ribbit Capital Mauratius Ill and On Mauritius are SEBI registered Venture Capital Fund. As per the provision to Section 56(2)(viib) of the Income Tax Act, 1961 the said provision is not applicable where the consideration for issue of shares is received by a venture capital

M/S Poddar Finin Consultancy P. Ltd., Mumbai vs. ITO Ward-7(3)(1), Mumbai

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

ITA 1860/MUM/2020[2012-13]Status: DisposedITAT Mumbai07 Apr 2022AY 2012-13

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 1860/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2012-13) M/S. Poddar Finin Consultancy बिधम/ Ito Ward Pvt. Ltd. Maharashtra-410206. Vs. 4A/B, Ground Floor, Tk Industries Estate, Sitaram Palturam Murai Marg, Mumbai- 400015. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagcp3938D (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: None Revenue By: Shri R. A. Dhyani (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 16/03/2022 घोषणा की तारीख /Date Of Pronouncement: 07/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 06.08.2020 Passed By The Commissioner Of Income Tax (Appeals)- Thane [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2012-13. 2. The Assessee Has Raised The Following Grounds: - “1) The Assessment Order Passed By The Id. Assessing Officer (Ao) Is Invalid & Bad In Law. 2) (A) The Id. Commissioner Of Income Tax (Appeals) [Cit(A)] Erred In Law & Facts In Confirming The Action Of The Ld. Assessing Officer

For Appellant: NoneFor Respondent: Shri R. A. Dhyani (Sr. AR)
Section 143(2)Section 35DSection 56(2)Section 56(2)(viib)Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, JM AND SHRI S. RIFAUR RAHMAN, AM

Rockdale Realtors Pvt Ltd., Mumbai vs. DCIT Circle-2 (1)(1), Mumbai

In the result, appeals by the respective assessees are dismissed

ITA 6740/MUM/2019[2014-15]Status: DisposedITAT Mumbai04 Mar 2022AY 2014-15

Bench: Shri Vikas Awasthyआअसं. 6739/मुं/2019 ("न.व 2014-15) Royal Accord Realtors Pvt. Ltd. 26, Onlooker Building, Sir P.M.Road, Fort, Mumbai 400 001 Pan: Aadcr-1352-G ...... अपीलाथ" /Appellant बनाम Vs. Dcit, Circle -2(1)(1) Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent आअसं. 6740/मुं/2019 ("न.व 2014-15) Rockdale Realtors Pvt.Ltd. 9, Datrutwa, Mmg Marg, Dadar East, Mumbai 400 014. Pan: Aadcr-1353-H ...... अपीलाथ" /Appellant बनाम Vs. Dcit, Circle -2(1)(1) Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Subodh Ratnaparkhi ""तवाद" "वारा/Respondent By : Shri T.Shankar सुनवाई क" "त"थ/ Date Of Hearing : 10/12/2021 घोषणा क" "त"थ/ Date Of Pronouncement : 04/03/2022 आदेश/ Order

For Appellant: Shri Subodh RatnaparkhiFor Respondent: Shri T.Shankar
Section 115VSection 288ASection 56(2)(viib)Section 79

marginal difference of 1.1% was on account of rounding off the value per share to the nearest hundred and therefore the provisions of section 56(2)(viib) were not attracted and the addition of Rs. 48,75,000/- was required to be deleted.” 5. Shri Subodh Ratnaparkhi appearing on behalf ... Assessing Officer treated the difference of Rs.39/-( i.e. Rs.3600 - Rs.3560.77) as income under the 3 ITA NO.6740/MUM/2019(A.Y 2014-15) provisions of section 56(2)(viib) of the Income Tax Act, 1961 ( in short ‘the Act’). The ld.Authorized Representative of the assessee contended that the assessee had determined the fair

Royal Accord Realtors Pvt Ltd., Mumbai vs. DCIT Circle-2(1)(1), Mumbai

In the result, appeals by the respective assessees are dismissed

ITA 6739/MUM/2019[2014-15]Status: DisposedITAT Mumbai04 Mar 2022AY 2014-15

Bench: Shri Vikas Awasthyआअसं. 6739/मुं/2019 ("न.व 2014-15) Royal Accord Realtors Pvt. Ltd. 26, Onlooker Building, Sir P.M.Road, Fort, Mumbai 400 001 Pan: Aadcr-1352-G ...... अपीलाथ" /Appellant बनाम Vs. Dcit, Circle -2(1)(1) Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent आअसं. 6740/मुं/2019 ("न.व 2014-15) Rockdale Realtors Pvt.Ltd. 9, Datrutwa, Mmg Marg, Dadar East, Mumbai 400 014. Pan: Aadcr-1353-H ...... अपीलाथ" /Appellant बनाम Vs. Dcit, Circle -2(1)(1) Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Subodh Ratnaparkhi ""तवाद" "वारा/Respondent By : Shri T.Shankar सुनवाई क" "त"थ/ Date Of Hearing : 10/12/2021 घोषणा क" "त"थ/ Date Of Pronouncement : 04/03/2022 आदेश/ Order

For Appellant: Shri Subodh RatnaparkhiFor Respondent: Shri T.Shankar
Section 115VSection 288ASection 56(2)(viib)Section 79

marginal difference of 1.1% was on account of rounding off the value per share to the nearest hundred and therefore the provisions of section 56(2)(viib) were not attracted and the addition of Rs. 48,75,000/- was required to be deleted.” 5. Shri Subodh Ratnaparkhi appearing on behalf ... Assessing Officer treated the difference of Rs.39/-( i.e. Rs.3600 - Rs.3560.77) as income under the 3 ITA NO.6740/MUM/2019(A.Y 2014-15) provisions of section 56(2)(viib) of the Income Tax Act, 1961 ( in short ‘the Act’). The ld.Authorized Representative of the assessee contended that the assessee had determined the fair

25Fps Media Pvt. Ltd., Mumbai vs. ITO, Range -6(3)(1), Mumbai

In the result, the appeal filed by the assessee is hereby allowed and the appeal filed by the revenue is hereby dismissed

ITA 3085/MUM/2018[2012-13]Status: DisposedITAT Mumbai02 Mar 2022AY 2012-13

Bench: Shri Amarjit Singh, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 2798/Mum/2018 (निर्धारण वर्ा / Assessment Year:2012-13) Ito, Range-6(3)(1) बिधम/ 25Fps Media Pvt. Ltd. Room No.524, 5Th Floor, 18Th Floor, Marathon Futurex, Vs. Aayakar Bhavan, Mumbai- N. M. Joshi Marg, Lower 400020. Parel, Mumbai-400013. & आयकर अपील सं/ I.T.A. No. 3085/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2012-13) बिधम/ 25Fps Media Pvt. Ltd. Ito, Range-6(3)(1) 18Th Floor, Marathon Futurex, Room No.524, 5Th Floor, Vs. N. M. Joshi Marg, Lower Aayakar Bhavan, Mumbai- Parel, Mumbai-400013. 400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacz2076J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Percy Pardiwala & Madhur Aggarwal Revenue By: Shri Achal Sharma (Dr) सुनवाई की तारीख / Date Of Hearing: 27/01/2022 घोषणा की तारीख /Date Of Pronouncement: 02/03/2022 आदेश / O R D E R Per Amarjit Singh (Jm): The Assessee As Well As Revenue Have Filed The Above Mentioned Appeals Against The Order Dated 28.02.2018 Passed By The Commissioner Of Income Tax (Appeals) -12, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2012-13. Ita. No.2798/Mum/2018 2. The Revenue Has Filed The Present Appeal Against The Order Dated 28.02.2018 Passed By The Commissioner Of Income Tax (Appeals) -12, Mumbai Relevant To The A.Y.2012-13. 3085/M/2018 A.Y. 2012-13 3. The Revenue Has Raised The Following Grounds: -

For Appellant: Shri Percy Pardiwala & MadhurFor Respondent: Shri Achal Sharma (DR)
Section 143(3)Section 14ASection 37Section 56(1)

bring capital receipts to tax are available in the statute in section 45 and in clauses (v), (vi), (vii) and (viia) of section 56(2) and the corresponding clauses in section 2(24) dealing with definition of income. It is therefore required to be examined whether the capital receipt ... provisions of section 45 dealing with capital gains are not applicable to the appellant. As regards clauses (v), (vi) and (vii) of section 56(2), it is seen that the same seek to bring to tax the receipt of any sum of money or moveable property or immovable property

ITO 6(3)(1), Mumbai vs. 25 Fps Media Pvt. Ltd., Mumbai

In the result, the appeal filed by the assessee is hereby allowed and the appeal filed by the revenue is hereby dismissed

ITA 2798/MUM/2018[2012-13]Status: DisposedITAT Mumbai02 Mar 2022AY 2012-13

Bench: Shri Amarjit Singh, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 2798/Mum/2018 (निर्धारण वर्ा / Assessment Year:2012-13) Ito, Range-6(3)(1) बिधम/ 25Fps Media Pvt. Ltd. Room No.524, 5Th Floor, 18Th Floor, Marathon Futurex, Vs. Aayakar Bhavan, Mumbai- N. M. Joshi Marg, Lower 400020. Parel, Mumbai-400013. & आयकर अपील सं/ I.T.A. No. 3085/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2012-13) बिधम/ 25Fps Media Pvt. Ltd. Ito, Range-6(3)(1) 18Th Floor, Marathon Futurex, Room No.524, 5Th Floor, Vs. N. M. Joshi Marg, Lower Aayakar Bhavan, Mumbai- Parel, Mumbai-400013. 400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacz2076J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Percy Pardiwala & Madhur Aggarwal Revenue By: Shri Achal Sharma (Dr) सुनवाई की तारीख / Date Of Hearing: 27/01/2022 घोषणा की तारीख /Date Of Pronouncement: 02/03/2022 आदेश / O R D E R Per Amarjit Singh (Jm): The Assessee As Well As Revenue Have Filed The Above Mentioned Appeals Against The Order Dated 28.02.2018 Passed By The Commissioner Of Income Tax (Appeals) -12, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2012-13. Ita. No.2798/Mum/2018 2. The Revenue Has Filed The Present Appeal Against The Order Dated 28.02.2018 Passed By The Commissioner Of Income Tax (Appeals) -12, Mumbai Relevant To The A.Y.2012-13. 3085/M/2018 A.Y. 2012-13 3. The Revenue Has Raised The Following Grounds: -

For Appellant: Shri Percy Pardiwala & MadhurFor Respondent: Shri Achal Sharma (DR)
Section 143(3)Section 14ASection 37Section 56(1)

bring capital receipts to tax are available in the statute in section 45 and in clauses (v), (vi), (vii) and (viia) of section 56(2) and the corresponding clauses in section 2(24) dealing with definition of income. It is therefore required to be examined whether the capital receipt ... provisions of section 45 dealing with capital gains are not applicable to the appellant. As regards clauses (v), (vi) and (vii) of section 56(2), it is seen that the same seek to bring to tax the receipt of any sum of money or moveable property or immovable property