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51 results for “transfer pricing”+ Section 56(2)(viia)clear

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Key Topics

Addition to Income40Section 14A37Disallowance25Section 56(2)(viia)23Section 56(2)(vii)19Section 143(3)17Section 143(2)16Depreciation15Section 56(2)11Section 28

ACIT, CIRCLE- 2(2), NEW DELHI vs. ANSAL CONDOMINIUM PVT. LTD., NEW DELHI

Appeal is allowed

ITA 760/DEL/2019[2015-16]Status: DisposedITAT Delhi16 Jun 2023AY 2015-16

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar Us

For Appellant: Shri R. S. Singhvi, Advocate; &For Respondent: Shri P. Praveen Sidharth
Section 143(2)Section 14ASection 56(2)(viia)

transfer of property either without consideration or inadequate consideration. A combined reading of the provisions of section 56(2)(viia) and the Memorandum explaining the provisions shows that the provision of section 56(2)(viia) would be attracted in the case of a recipient firm or company which receives the shares of a company without any consideration

DCIT, FARIDABAD vs. SMT. MAMTA BHANDARI,, DELHI

Showing 1–20 of 51 · Page 1 of 3

10
Section 115J9
Deduction6

In the result, appeal of the Revenue dismissed

ITA 5681/DEL/2016[2010-11]Status: DisposedITAT Delhi10 Jul 2019AY 2010-11

Bench: Shri Bhavnesh Saini & Dr. B.R.R. Kumar

For Appellant: Shri R.S. Ahuja, C.AFor Respondent: Shri Sanjay Shivam, CIT-D.R
Section 132Section 153ASection 56(2)(vii)

section 56(2)(vii) are applicable on Individual and HUF whereas Provisions of 56(2)(viia) are applicable on firm and company. As the assessee before us is an Individual we are concerned with Sec. 56(2)(vii). Finance (No.2) Act 2009 w.e.f. 01.10.2009 introduced clause (vii) as follows: “(vii) where an individual or a Hindu undivided family receives

MEENU SATIJA,NEW DELHI vs. PR. CIT (CENTRAL), GURGAON

In the result appeal filed by the assessee stands allowed

ITA 3215/DEL/2016[2010-11]Status: DisposedITAT Delhi27 Jan 2017AY 2010-11

Bench: Shri J. S. Reddy & Smt. Beena A. Pillai

For Appellant: Sh. R. S. Ahuja, CAFor Respondent: Smt. Rachna Singh, CIT DR
Section 132(1)Section 133Section 143(2)Section 153A(1)(a)Section 153A(1)(b)Section 263Section 56(2)(vii)

section 56(2)(vii) are applicable on Individual and HUF whereas Provisions of 56(2)(viia) are applicable on firm and company. As the assessee before us is an Individual we are concerned with Sex. 56(2)(vii). Finance (No.2) Act 2009 w.e.f. 01.10.2009 introduced clause (vii) as follows: “(vii) where an individual or a Hindu undivided family receives

DCIT CENTRAL CIRCLE 05 , DELHI vs. DEEPAK KOTHARI , KANPUR

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

ITA 1834/DEL/2021[20017-18]Status: DisposedITAT Delhi06 Aug 2025

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 143(3)Section 49(4)Section 56(2)(vii)

56(2)(viia) was to prevent the practice of transferring of unlisted shares at prices below their fair market value. The expression "transfer" has altogether different connotation and meaning than the expression "issuance" and as such the provisions of said section

DEEPAK KATHARI,KANPUR vs. ACIT, CC-5, NEW DELHI

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

ITA 1205/DEL/2021[2017-18]Status: DisposedITAT Delhi06 Aug 2025AY 2017-18

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 143(3)Section 49(4)Section 56(2)(vii)

56(2)(viia) was to prevent the practice of transferring of unlisted shares at prices below their fair market value. The expression "transfer" has altogether different connotation and meaning than the expression "issuance" and as such the provisions of said section

RAJ SHEELA GROWTH FUND (P) LTD.,NEW DELHI vs. ITO, WARD- 21(1), NEW DELHI

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

ITA 881/DEL/2019[2015-16]Status: DisposedITAT Delhi09 Aug 2019AY 2015-16

Bench: Shri Amit Shukla & Shri L. P. Sahu

For Appellant: S/Shri Raj Kumar Gupta and SumitFor Respondent: Shri J.K. Mishra, CIT-D.R
Section 127Section 143(3)Section 224Section 56Section 56(2)(viia)Section 68

Section 56(2)(viia) was brought in the statute as ‘anti abuse’ provision to prevent practice of transferring the unlisted shares price

BRAWNY NIVESH P.LTD,NEW DELHI vs. ACIT, CENTRAL CIRCLE-13, NEW DELHI

In the result, appeal of the assessee is partly allowed

ITA 571/DEL/2019[2015-16]Status: DisposedITAT Delhi17 Dec 2025AY 2015-16

Bench: Shri Mahavir Singh & Shri Brajesh Kumar Singh

Section 143Section 143(3)Section 3Section 47Section 56Section 56(2)(via)Section 56(2)(viia)

transfer under clause (via) or clause (vic) or clause (vicb) or clause (vid) or clause (vii) of section 47.” 2.3. In light of the above provisions and to find out whether the transaction was covered in point no. (iii) above or not, the AO noted that the Fair Market Value (FMV) of shares of Gain E Commerce

DCIT, NEW DELHI vs. M/S. JAYPEE CAPITAL SERVICES LTD., NEW DELHI

In the result, ITA.No.3559/Del

ITA 3559/DEL/2016[2012-13]Status: DisposedITAT Delhi21 Sept 2021AY 2012-13

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: And Shri Ashish Goel, C.AFor Respondent: Shri Bhuvnesh Kulshreshtha
Section 132Section 153A

transferred to the assessee company. Therefore, the assessee was requested to submit the complete details of transactions and explain as to why the amount of Rs.113,31,36,000/- i.e. the benefit accrues to it should not be treated as its income as per the provisions of Section 56(2)(viia) of the Income Tax Act, 1961. After considering

DCIT, NEW DELHI vs. M/S. JAYPEE CAPITAL SERVICES LTD., NEW DELHI

In the result, ITA.No.3559/Del

ITA 3558/DEL/2016[2011-12]Status: DisposedITAT Delhi21 Sept 2021AY 2011-12

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: And Shri Ashish Goel, C.AFor Respondent: Shri Bhuvnesh Kulshreshtha
Section 132Section 153A

transferred to the assessee company. Therefore, the assessee was requested to submit the complete details of transactions and explain as to why the amount of Rs.113,31,36,000/- i.e. the benefit accrues to it should not be treated as its income as per the provisions of Section 56(2)(viia) of the Income Tax Act, 1961. After considering

KANTI COMMERCIAL (P) LTD.,,NEW DELHI vs. ACIT, CENTRAL CIRCLE-13, NEW DELHI

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

ITA 574/DEL/2019[2015-16]Status: DisposedITAT Delhi14 Sept 2023AY 2015-16

Bench: SHRI PRADIP KUMAR KEDIA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 119Section 143(3)Section 56(2)(viia)

price of share as on 31.3.2014 of Miller Traders (P) Ltd Is 9.10 per share as the assessee has purchased the shares at Rs 10 per share which is more than the market value the provisions of section 56(2)(viia) does not apply. b. The appellant has submitted that the provisions of Section 56(2)(viia) shall not apply

FRAGMENT NIVESH P.LTD,NEW DELHI vs. ACIT, CENTRAL CIRCLE-13, NEW DELHI

In the result, both the appeals of the assessee are allowed

ITA 572/DEL/2019[2015-16]Status: DisposedITAT Delhi30 Sept 2025AY 2015-16

Bench: Shri M Balaganesh & Shri Vimal Kumarassessment Year: 2015-16 M/S. Enormous Nivesh Pvt. Vs. Assistant Commissioner Of Ltd., 1, Zamrudpur Community Income Tax, Central Circle Centre, Kailash Colony, 13, Ara Centre, New Delhi – 1100 48 Jhandewalan Extension, Pan No. Aabcd1454F Delhi -1100 55 (Appellant) (Respondent) Assessment Year: 2015-16 M/S. Fragment Nivesh P. Ltd., Vs. Assistant Commissioner Of 1, Zamrudpur Community Income Tax, Central Circle Centre, Kailash Colony, 13, Ara Centre, New Delhi – 1100 48 Jhandewalan Extension, Pan No. Aaecs5314G Delhi -1100 55 (Appellant) (Respondent)

For Appellant: Shri Manoj Kataruka, AdvFor Respondent: Shri Kumar Avikal Manu, CIT - DR
Section 142(1)Section 143(2)Section 143(3)Section 250(6)Section 56(2)

viia) on allotment of shares through share application. In fact, section 56(2)(viib) of the Act was only applicable in circumstances where the receipt of consideration for issue of shares were involved. Circular No.3 dated 21.01.2019 was not applicable. Reliance was placed on paras 5, 11 and 17 to 19 of the decision in the case of “PCIT

ENORMOUS NIVESH P.LTD,NEW DELHI vs. ACIT, CENTRAL CIRCLE-13, NEW DELHI

In the result, both the appeals of the assessee are allowed

ITA 570/DEL/2019[2015-16]Status: DisposedITAT Delhi30 Sept 2025AY 2015-16

Bench: Shri M Balaganesh & Shri Vimal Kumarassessment Year: 2015-16 M/S. Enormous Nivesh Pvt. Vs. Assistant Commissioner Of Ltd., 1, Zamrudpur Community Income Tax, Central Circle Centre, Kailash Colony, 13, Ara Centre, New Delhi – 1100 48 Jhandewalan Extension, Pan No. Aabcd1454F Delhi -1100 55 (Appellant) (Respondent) Assessment Year: 2015-16 M/S. Fragment Nivesh P. Ltd., Vs. Assistant Commissioner Of 1, Zamrudpur Community Income Tax, Central Circle Centre, Kailash Colony, 13, Ara Centre, New Delhi – 1100 48 Jhandewalan Extension, Pan No. Aaecs5314G Delhi -1100 55 (Appellant) (Respondent)

For Appellant: Shri Manoj Kataruka, AdvFor Respondent: Shri Kumar Avikal Manu, CIT - DR
Section 142(1)Section 143(2)Section 143(3)Section 250(6)Section 56(2)

viia) on allotment of shares through share application. In fact, section 56(2)(viib) of the Act was only applicable in circumstances where the receipt of consideration for issue of shares were involved. Circular No.3 dated 21.01.2019 was not applicable. Reliance was placed on paras 5, 11 and 17 to 19 of the decision in the case of “PCIT

ANALJIT SINGH,DELHI vs. DCIT, CIRCLE- 16(2), DELHI

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

ITA 4737/DEL/2017[2014-15]Status: DisposedITAT Delhi01 Dec 2017AY 2014-15

Bench: Shri Amit Shukla & Shri O.P.Kant

Section 143(3)Section 2Section 50D

56(2)(vii) /(viia) /(x) of the Act. Accordingly, in the absence of any provision providing the assessing officer with the power of substituting the actual consideration with the fair market value, the action of the assessing officer and upheld by the CIT(A) cannot be sustained, being contrary to law. 24. He further submitted that the assessee has computed

STRYTON EXIM INDIA P.LTD,NEW DELHI vs. ITO, WARD-24(2), NEW DELHI

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

ITA 5982/DEL/2018[2014-15]Status: DisposedITAT Delhi23 Oct 2018AY 2014-15

Bench: Shri Kuldip Singh & Shri Prashant Maharishisa No. 665/Del/2018 (In Ita No. 5982/Del/2018) (Assessment Year: 2014-15) Stryton Exim India Pvt Ltd, Vs. Ito, C/O. R Khare & Associates, Ward-24(2), 7/6, Sarvapriya Vihar, New Delhi New Delhi Pan: Aaics0797B (Appellant) (Respondent) Stryton Exim India Pvt Ltd, Vs. Ito, C/O. R Khare & Associates, Ward-24(2), 7/6, Sarvapriya Vihar, New Delhi New Delhi Pan: Aaics0797B (Appellant) (Respondent)

For Appellant: Shri Rahul Khare, AdvFor Respondent: Shri K Tewari, Sr. DR
Section 56(2)(viib)Section 68

price method has been given. The assessee failed to establish the how such requirement of the section and rules were satisfied. The assessee has reported loss of Rs 3,53,377/- during the year. Discounted cash flow is always depended on current cash flow w of revenue which is Loss as per P&L account. In this connection the assessee

THINKSTATIONS LEARNING PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-8(1), NEW DELHI

In the result, both the appeals of the assessee are allowed

ITA 9824/DEL/2019[2015-16]Status: DisposedITAT Delhi04 Jul 2023AY 2015-16

Bench: Shri Narendra Kumar Billaiya & Shri Challa Nagendra Prasad

For Appellant: Advocate
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 56(2)(viib)

price. The Assessing Officer 2 ITA. Nos. 9824 & 7345/Del/2019 referring to the provisions of section 56(2)(viib) and the explanation he was of the view that assessee has to consider the valuation whichever is higher between (i) the valuation according to Rule 11UA of Income Tax Rules or (ii) the value of shares to the satisfaction of the Assessing

THINKSTATIONS LEARNING PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-25(1), NEW DELHI

In the result, both the appeals of the assessee are allowed

ITA 7345/DEL/2019[2016-17]Status: DisposedITAT Delhi04 Jul 2023AY 2016-17

Bench: Shri Narendra Kumar Billaiya & Shri Challa Nagendra Prasad

For Appellant: Advocate
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 56(2)(viib)

price. The Assessing Officer 2 ITA. Nos. 9824 & 7345/Del/2019 referring to the provisions of section 56(2)(viib) and the explanation he was of the view that assessee has to consider the valuation whichever is higher between (i) the valuation according to Rule 11UA of Income Tax Rules or (ii) the value of shares to the satisfaction of the Assessing

CAIRN UK HOLDING LTD.,AHMEDABAD vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result ground No. 5 of the appeal of the assessee is allowed

ITA 1669/DEL/2016[2007-08]Status: DisposedITAT Delhi09 Mar 2017AY 2007-08

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

For Appellant: Shri Percy Pardiwala Sr. AdvFor Respondent: Shri Sanjay Puri CIT
Section 143(3)Section 144

2)/2Q13-14/453 dated ' 25.02.2014" (Emphasis added) 6.8 Further, in the said reasons, at various places reference was given of the February 2014. This goes to prove that the survey report was received by the AO in the month of February 2014 only. 6.9 In view of the above, the Appellant submits that since the survey report had been received

PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI 1 vs. M/S ANSAL CONDOMINIUM PVT LTD

Appeal is allowed

ITA/132/2024HC Delhi27 Feb 2024

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

Section 56(2)(vii)Section 56(2)(viia)

transfer of property either without consideration or inadequate consideration. A combined reading of the provisions of section 56(2)(viia) and the Memorandum explaining the provisions shows that the provision of section 56(2)(viia) would be attracted in the case of a recipient firm or company which receives the shares of a company without any consideration

CONVERGYS INDIA SERVICES PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 4(2), NEW DELHI

In the result, the appeal of the assessee is allowed and the Stay Application of the assessee is dismissed

ITA 782/DEL/2021[2016-17]Status: DisposedITAT Delhi01 Aug 2022AY 2016-17

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 782/Del/2021 : Asstt. Year : 2016-17 & Sa No. 132/Del/2021 : Asstt. Year : 2016-17 Convergys India Services Pvt. Ltd., Vs Dcit, Industrial Plot No. 243, Tower-A, Circle-4(2), 3Rd, 4Th, 5Th 1St & Tower-B, New Delhi 2Nd 5Th Ground & Floors, Sp Infocity, Udyog Vihar, Gurgaon, Haryana-122001 (Appellant) (Respondent) Pan No. Aabcc5056G Assessee By : Sh. K. M. Gupta, Adv. & Ms. Shruti Khimta, Ar Revenue By : Sh. Mahesh Shah, Cit Dr & Sh. Mrinal Kumar Das, Sr. Dr Date Of Hearing: 20.07.2022 Date Of Pronouncement: 01.08.2022

For Appellant: Sh. K. M. Gupta, Adv. &For Respondent: Sh. Mahesh Shah, CIT DR &
Section 115JSection 14(3)Section 144Section 43BSection 56(2)(viia)

transferred to the assessee with effect from April 01, 2015, the MAT credit being an asset of the earlier company would be available to the assessee at its disposal for utilization. There cannot be any dispute on the utilization of the assets of the amalgamated company by the amalgamating company. No doubt MAT credit is one of such assets. Hence

CRAYONS ADVERTISING (P) LTD.,NEW DELHI vs. DCIT CIRCLE-6(2), NEW DELHI

In the result, this appeal of the assessee is partly allowed for statistical purpose

ITA 7491/DEL/2019[2015-16]Status: DisposedITAT Delhi09 Sept 2022AY 2015-16

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Us[Assessment Year: 2015-16]

Section 10(38)Section 234BSection 28Section 36Section 56(2)(vii)

Section 56(2)(viia)(ii) of the I.T. Act. 1961 and will be chargeable to tax under the head income from other sources’. The quantum of addition on this issue is calculated as under- Rate at Date of which No of Puchased from FMV Difference Addition transaction purchased shares (Rs.) M/s Mega Airways 13.04.14 40 103 63 200000 12600000 Limited