NAV CONSEC P.LTD,MUMBAI vs. ITO 9(2)(3), MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the share premium received was a capital receipt and not income. It also noted that the relevant provisions of the Income Tax Act for taxing share premium in excess of fair market value were not applicable to the assessment year in question.
What were the facts?
The assessee company increased its paid-up capital and share premium account by issuing shares for consideration other than cash. The Assessing Officer added the share premium amount to the assessee's income, treating it as unjustified.
What were the issues?
Whether the share premium received by the assessee could be added to its income under Section 68 of the Income Tax Act, and whether the amendments to the Act regarding share premium were applicable retrospectively.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(11)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Lovely Exports (P) Ltd.854 citing216 CTR 195 · 2008 · SC
- CIT v. Gagandeep Infrastructure (P.) Ltd.303 citing80 Taxmann.com 272 · 2017 · HC
- CIT v. Steller Investment Ltd.233 citing251 ITR 263 · 2001 · SC
- Rajmandir Estates Private Limited v. Pr. CIT131 citing386 ITR 162 · 2016 · HC
- Tata Chemicals Ltd. v. CIT86 citing256 ITR 395 · 2002 · HC
- Major Metals Ltd. v. Union of India54 citing359 ITR 450 · 2012 · HC
- Pr. CIT v. Apeak Infotech48 citing88 Taxmann.com 695 · 2017 · HC
- 465/224 Taxman 237 (Delhi); (iii) Onassis Axles (P.) Ltd. v. CIT47 citing364 ITR 53 · 2014 · HC
- CIT v. Electro Polychem Ltd.17 citing294 ITR 661 · 2007 · HC
- 408 (Delhi); (iv) Olwin Tiles India (P.) Ltd. v. Dy. CIT13 citing382 ITR 291 · 2016 · HC
- 2014) 90 CCH 0105 (Delhi); (ii) Commissioner of Income Tax v. Globus Securities & Finance Pvt. Ltd.10 citing264 CTR 481 · 2014 · HC
Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SHRI ABY T. VARKEY, JM & SHRI. GAGAN GOYAL, AM
आदेशधिुसधर/ BY ORDER, सत्यावपत प्रवत //True Copy//
उि/सहधयक िंजीकधर /(Dy./Asstt. Registrar) आयकर अिीिीय अनर्करण, मुंबई / ITAT, Mumbai Details Date Initials Designation 1 Draft dictated/ directed typed on computer on 24.11 Sr.PS/PS 2 Draft Placed before author 28.11 Sr.PS/PS 3 Draft proposed & placed before the Second JM/AM Member 4 Draft discussed/approved by Second Member JM/AM 5. Approved Draft comes to the Sr.PS/PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS/PS 7. File sent to the Bench Clerk Sr.PS/PS 8 Date on which the file goes to the Head clerk 9 Date of Dispatch of order
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
Recent GST High Court judgments
Search GST case law →- Mascot Constructions Co. And Another vs. The Commissioner Of Goods And Services Tax (GST) And AnotherBombay · 22 Oct 2026
- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026
- M/S. Devkinandan Traders vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Dixit Medical Agencies vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026