Bench: Shri Narender Kumar Choudhry
balance sheet as stock in trade, the provision of section 56(2)(viia) is not applicable. The assessee also contended that section 56(2)(vila) as an extension of section 56(2)(vii) and hence, it is applicable only to capital asset. The assessee also relied on the decision ... appellant is that the shares were purchased as a part of regular trading activity of the appellant and hence the provision of section 56(2)(vila) are not applicable. The appellant has also submitted that the Id. CIT(A) on the same fact in the appellant sister concerns namely Muktamani
Accordingly, Ground No. 4 raised by the Appellant is partly allowed
acted without Jurisdiction in determining income chargeable to tax under section 56(2)(viia) of the Act and further that the provisions of section 56(2)(vila) of the Act are attracted where a company receives any shares of another company for a consideration which is less than its fair ... share, which is less than the value determined by the Assessee re INR 8,653.85, hence, the provisions of section 56(2)(vila) of the Act cannot be attracted 6.3.11 We have considered the submission of the assesseee and find merit in the argument of the assessee. Accordingly we direct