Mechanical approval under search assessment law vitiates assessments when sanction lacks application of mind; retrospective curative provision cannot ...
Foreign portfolio investment liberalisation extends listed equity access to all individual persons resident outside India, subject to limit monitoring...
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Addition u/s 56(2)(viib) r.w.r 11UA - excess premium charged - issuance of preference shares to the director/ex-director of the assessee company - The ITAT held that there was no justification for the A.O to have triggered the deeming provisions of Section 56(2)(viib) i.e a counter tax evasion provision - The ITAT addressed the valuation dispute, emphasizing the distinction between preference shares and equity shares, particularly focusing on their characteristics and the applicable methods for determining their FMV. It was noted that preference shares, due to their nature, could not be valued using the same method as equity shares. - Matter restored back for redetermine the FMV of the subject preference shares subject to the tribunal's observations recorded as regards the mistakes/infirmities.
Addition u/s 56(2)(viib) r.w.r 11UA - excess premium charged - issuance of preference shares to the director/ex-director of the assessee company - The ITAT held that there was no justification for the A.O to have triggered the deeming provisions of Section 56(2)(viib) i.e a counter tax evasion provision - The ITAT addressed the valuation dispute, emphasizing the distinction between preference shares and equity shares, particularly focusing on their characteristics and the applicable methods for determining their FMV. It was noted that preference shares, due to their nature, could not be valued using the same method as equity shares. - Matter restored back for redetermine the FMV of the subject preference shares subject to the tribunal's observations recorded as regards the mistakes/infirmities.
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