Clarification regarding applicability of section 56(2)(viia) of the Income-tax Act, 1961 for issue of shares by a company in which public are not substantially interested.
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Section 56(2)(viia) limited to transfers of shares for no or inadequate consideration; fresh issuances excluded from its scope. Section 56(2)(viia) applies only where a specified company or firm receives shares of a specified company through transfer for no or inadequate consideration as an anti abuse measure; it does not apply to receipt of shares resulting from fresh issuances such as bonus, rights or preference shares by the specified company.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Section 56(2)(viia) limited to transfers of shares for no or inadequate consideration; fresh issuances excluded from its scope.
Section 56(2)(viia) applies only where a specified company or firm receives shares of a specified company through transfer for no or inadequate consideration as an anti abuse measure; it does not apply to receipt of shares resulting from fresh issuances such as bonus, rights or preference shares by the specified company.
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