Whether there are any judgements in which it is held that the provisions of section 56(2)(x) of the Income Tax Act, 1961 are not applicable in case of bonafide purchase of property. The difference between SDV and the sale consideration cannot be taxed under 56(2)(x) in case of bonafide purchase.
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Action Taken - 30 lacs invested from joint acct in Sr citizen saving scheme for wife in Jan 24 from PF recd by husband . - interest accruing reflected in wife’s AIS -- Question - Can the amount of 30 lacs be gifted to his house wife . - Is this in order ie interest reflected in wife’s acct is the interest - Should the interest accrued be reflected in wife’s return - If yes IT provision pl Thanks
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My client purchased a 'Residential property' in FY 23-24 by paying Total considerarion money equal to 50 L by cheque. The Stamp duty valuation of the property was 58 L. So, stamp duty was paid on value 58L. Thus the difference between consideration amount and Stamp duty valuation is 8L which is more than 10% of consideration amount. The question is as follows- 1- Is my client liable to declare in Return an income of 8L under section 56(2)(x) of I.T. Act , under head ' Income from other sources' of Income. one Expert advised positively for declaration of income…
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Mr. A, a partner in a firm ABC, wants to contribute shares of an unlisted entity held by him as his capital contribution in the firm. The FMV of the shares is Rs. one crores whereas it is being recorded at Rs. 5,00,000 in the books of the firm, being the cost in the hands of the partner. Under section 45(3), there will be no incidence of tax in the hands of the contributing partner. Whether the firm can be held liable for tax on Rs. 95,00,000 under section 56(2)(x) on the difference between FMV and recorded in the books…
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There is a Partnership Firm having three partners.The Net worth of the Firm is Rs. 100 Crores (considering Market value of Goodwill and Immovable Properties-whereas Net worth as per Books of Accounts is Rs. 50 Crores) as on 31-03-2022. A new Partner is admitted in the Firm on 1-4-2022 and he is given 25% Share of Profit in the Firm whereas existing partners Share is reduced. New Partner contributes Rs 25 Lacs in Firm as his Capital Contribution.Existing Partners are not given any Stock nor any Immovable Property nor any money over and above the balances appearing in their capital…
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One immovable property (flat)was purchased before 01/04/2017 for which all payments were made before 01/04/2017. allotment of the property as well as possession was given before 01/04/2017. However, due to some reasons the registration (purchase deed) was done after 01/04/2017. As we all know that section 56(2)(x) of the I.T Act came into effect from 01/04/2017 my question is that will provisions of section 56(2)(x) of the I.T Act will be attracted in this case?
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is it taxable if purchase of sali land is below the stamp value u/s 56(2)x
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An individual settles his property to a private discretionary trust which has beneficiary as his brothers, brothers' wife, brothers' children and their spouses and their children. Since all the persons do not come within the definition of relative as defined in explanation to 56(2)(vii) , it may not be covered by the exception provided by proviso (X) to 56(2)(x). Question is, it being a discretionary trust where the individual shares are not defined, will section 56(2)(x) apply? If applied then how will one compute taxable part?
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Let's say one of the share holder, A (Non- resident), of ABC Pvt has renounced his right to subscribe to right issue to D (Non- resident). Would D attract provisions of sec 56(2)(x)? Also what would be the tax implication on A?
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Intention of applicability of 56(2)(x)