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6 results for “capital gains”+ Section 56(2)(viib)clear

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Key Topics

Section 43B6Section 56(2)(viib)6Addition to Income6Section 56(2)5Section 143(3)4Section 50C4Section 40A(3)4Section 56(2)(vii)3Section 54B3Disallowance

DCIT, CIR-3(1)(2), AHMEDABAD vs. M/S. OZONE INDIA LTD, AHMEDABAD

In the result, the appeal of the revenue as well as cross objection of the Assessee is dismissed

ITA 2081/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad13 Apr 2021AY 2013-14

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kedia

For Appellant: Ms. Nupur Shah, A.RFor Respondent: Shri Virendra Ojha, CIT.D.R
Section 56(2)(viib)

Section 56(2) (viib) by AO. Therefore, the net asset over liability of Rs.54,21,16,156/- of amalgamating company is only due to revaluation of land and for accounting purposes, as land of book value of Rs.5.38 crore has been revalued at Rs.59.55 crore and taken as stock in trade. The Honourable Supreme Court in the case of Chain

K.P. WOVEN PVT. LTD.,,AHMEDABAD vs. THE ITO, WARD-2(1)(2),, AHMEDABAD

In the result, the appeal filed by the assessee is allowed for the statistical purposes

3
Deduction2
Depreciation2
ITA 169/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad25 Oct 2021AY 2014-15

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No.169/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2014-2015 K.P. Woven Pvt. Ltd., I.T.O., 13-B, Navbharat Society, Vs. Ward-2(1)(2) Usmanpura, Ahmedabad. Ahmedabad-380013. Pan: Aaeck6307M

For Appellant: Ms Asthamaniar, A.RFor Respondent: Shri R.R.Makwana, Sr..D.R
Section 56(2)Section 56(2)(viib)

section 56(2)(viib) was brought in the Act with the specific objective as a measure to prevent generation and circulation of unaccounted money. However in its case all the shares were issued to the family members of group i.e. ‘Parekh family’ and all of them are regularly assessed under the provision of the Act. Thus the question of generation

VISHNUBHAI MAFATBHAI DESAI,,AHMEDABAD vs. THE ITO, WARD-1(1)(4),, AHMEDABAD

In the result, the appeal of the assessee is dismissed

ITA 2849/AHD/2017[2014-15]Status: DisposedITAT Ahmedabad11 Sept 2019AY 2014-15

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediaआयकर अपील सं./I.T.A. No. 2849/Ahd/2017 ("नधा"रण वष" / Assessment Year : 2014-15)

For Appellant: Shri S. V. Agrawal, A.R
Section 2(14)Section 49(4)Section 50CSection 54BSection 56Section 56(2)Section 56(2)(vii)

capital gain arises on transfer of land under purchase. The relevant operative para of the order of the CIT(A) is reproduced hereunder for ready reference: “3. Conclusion:- The submission made by the assessee has been carefully considered. However, the same is not found acceptable. As per provision of section 56(2) of the IT Act, the following income shall

ASSISTANT COMMISSIONER OF INCOME TAX, HYDERABAD vs. MYTRAH VAYU (GUJARAT) PRIVATE LIMITED, HYDERABAD

In the result, the appeal ofthe Revenue is dismissed

ITA 172/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad18 Dec 2024AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha

For Appellant: Shri P S Choudhary, CIT. DRFor Respondent: Date of Hearing
Section 56(2)Section 56(2)(viib)

Section 56(2)(viib) of the Act was introduced to prevent unlawful gain by issuing company in the garb of capital

GUJARAT INFRAPIPES PVT. LTD.,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA

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

ITA 813/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad03 Apr 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

For Appellant: Shri M.K. Patel, ARFor Respondent: Shri Kamlesh Makwana, CIT-DR and Shri Ashok Kumar Suthar, Sr.DR
Section 143(3)Section 40A(3)Section 43BSection 50C

viib) are not taxable under Income-tax Act or any other Act. During the period, when Gift Tax Act was in existence, gifts by companies as well as by any other person were taxable under the Gift Tax Act only and there was no provision for taxing it under the Income-tax Act. Therefore, gifts were not separately taxed under

THE DCIT, CIRCLE-1(1)(1),, VADODARA vs. M/S. GUJARAT INFRA PIPES PVT. LTD.,, VADODARA

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

ITA 987/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad03 Apr 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

For Appellant: Shri M.K. Patel, ARFor Respondent: Shri Kamlesh Makwana, CIT-DR and Shri Ashok Kumar Suthar, Sr.DR
Section 143(3)Section 40A(3)Section 43BSection 50C

viib) are not taxable under Income-tax Act or any other Act. During the period, when Gift Tax Act was in existence, gifts by companies as well as by any other person were taxable under the Gift Tax Act only and there was no provision for taxing it under the Income-tax Act. Therefore, gifts were not separately taxed under