Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
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ITAT held that the allotment of shares at a lesser price than to a third party cannot be taxed u/s 28(iv) of the Income Tax Act, 1961. The receipt of property without consideration or for lesser consideration is taxable only u/s 56(2)(x)(c). In the absence of a charging provision, such a transaction of acquiring shares at par value compared to premium paid by a third party cannot be taxed. Furthermore, the transaction of acquiring shares is a capital field transaction, not a revenue field transaction. If the benefit does not arise from business or profession, it cannot be taxed u/s 28(iv). Since the income from sale of shares is taxable as capital gains, the acquisition cannot be treated as a revenue transaction. The decision was in favor of the assessee.
ITAT held that the allotment of shares at a lesser price than to a third party cannot be taxed u/s 28(iv) of the Income Tax Act, 1961. The receipt of property without consideration or for lesser consideration is taxable only u/s 56(2)(x)(c). In the absence of a charging provision, such a transaction of acquiring shares at par value compared to premium paid by a third party cannot be taxed. Furthermore, the transaction of acquiring shares is a capital field transaction, not a revenue field transaction. If the benefit does not arise from business or profession, it cannot be taxed u/s 28(iv). Since the income from sale of shares is taxable as capital gains, the acquisition cannot be treated as a revenue transaction. The decision was in favor of the assessee.
Note: It is a system-generated summary and is for quick reference only.