Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
Page of 4803
Press 'Enter' after typing page number.
1061 to 1080 of 96046 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
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.