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    <title>Unsigned assessment order for non-existent company invalid; Section 56(2)(viia) not applicable to share buybacks; interest income correctly classified</title>
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    <description>The ITAT held that the initial unsigned assessment order issued in the name of the non-existent company was invalid, affirming the validity of the successor company&#039;s signed order. The tribunal ruled that the provisions of section 56(2)(viia) do not apply to buyback of a company&#039;s own shares, as such shares do not &quot;become property&quot; of the recipient nor are they &quot;shares of any other company,&quot; thus negating the addition made on this ground. Regarding interest income on income-tax refunds and long-term non-trade investments, the tribunal found that the AO erred in treating it as business income, breaching the principle of consistency since the income was previously declared under &quot;income from other sources.&quot; Lastly, the claim for deduction under section 35AC was restored for fresh adjudication with directions to the AO to examine evidence and provide a fair hearing to the assessee.</description>
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    <pubDate>Sat, 12 Jul 2025 08:41:01 +0530</pubDate>
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      <title>Unsigned assessment order for non-existent company invalid; Section 56(2)(viia) not applicable to share buybacks; interest income correctly classified</title>
      <link>https://www.taxtmi.com/highlights?id=90419</link>
      <description>The ITAT held that the initial unsigned assessment order issued in the name of the non-existent company was invalid, affirming the validity of the successor company&#039;s signed order. The tribunal ruled that the provisions of section 56(2)(viia) do not apply to buyback of a company&#039;s own shares, as such shares do not &quot;become property&quot; of the recipient nor are they &quot;shares of any other company,&quot; thus negating the addition made on this ground. Regarding interest income on income-tax refunds and long-term non-trade investments, the tribunal found that the AO erred in treating it as business income, breaching the principle of consistency since the income was previously declared under &quot;income from other sources.&quot; Lastly, the claim for deduction under section 35AC was restored for fresh adjudication with directions to the AO to examine evidence and provide a fair hearing to the assessee.</description>
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      <pubDate>Sat, 12 Jul 2025 08:41:01 +0530</pubDate>
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