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“Section 56(2)(viib)”

Section References (mined)Section 56Section 56(2)(viib)483 judgments

The decision most relied on for Section 56(2)(viib) is Vodafone India Services (P.) Ltd. v. Union of India (368 ITR 1), cited in 172 judgments on BharatTax.

Leading authorities on Section 56(2)(viib)

Vodafone India Services (P.) Ltd. v. Union of India
368 ITR 1 · 2014 · High Court
172
citing judgments

The issue of shares and share premium is a capital account transaction, not an income-generating event, therefore Chapter X (Transfer Pricing) provisions are not attracted to deem notional or hypothetical income from such transactions.

National Insurance Co. Ltd. v. Pranay Sethi
16 SCC 680 · 2017 · Reported
152
citing judgments

The Supreme Court in Pranay Sethi laid down the principles for determining 'future prospects' to be added to the income of a deceased person for calculating compensation under the Motor Vehicles Act. It also clarified principles of judicial discipline, including the binding nature of coordinate bench decisions and how to resolve conflicting Supreme Court judgments.

SA Builders, 288 ITR 1 (SC) and CIT v. Panipat Woollen and General Mills Company Ltd.
103 ITR 66 · 1976 · Supreme Court
105
citing judgments

The Income Tax Department cannot sit in the armchair of a businessman or question their commercial wisdom and business decisions. Expenses incurred for business expediency, determined from the businessman's point of view, are allowable business expenses.

PCIT v. Chain House International (P) Ltd.
98 Taxmann.com 47 · 2018 · High Court
104
citing judgments

The Assessing Officer cannot arbitrarily reject a share valuation report prepared by an expert using recognized methods like NAV or DCF for the purpose of Section 56(2)(viib) without providing valid reasons to demonstrate its perversity or unreasonableness.

CIT v. Tin Box Company
260 ITR 637 · 2003 · High Court
80
citing judgments

When an assessee possesses sufficient interest-free funds, it is presumed that any interest-free advances or investments made are from these funds, preventing disallowance of interest under Section 36(1)(iii). This principle applies if own capital and interest-free loans exceed the interest-free advances given.

Vodafone M-Pesa Ltd. v. PCIT
164 DTR 257 · 2018 · High Court
69
citing judgments

An assessee has the option to choose either the Discounted Cash Flow (DCF) method or the Net Asset Value (NAV) method for share valuation under Section 56(2)(viib) read with Rule 11UA. The Assessing Officer cannot substitute the chosen method or value without identifying a specific error in the assessee's valuation.

CIT v. Green Infra Ltd.
78 Taxmann.com 340 · 2017 · High Court
56
citing judgments

The valuation of shares is not relevant for determining the genuineness of a transaction under Section 68 of the Income Tax Act. Interest income earned on the deposit of surplus funds is taxable as business income.

PCIT v. Cinestaan Entertainment Pvt Ltd.
433 ITR 82 · 2021 · High Court
49
citing judgments

The Assessing Officer cannot reject the share valuation method adopted by an assessee under Section 56(2)(viib) if it adheres to prescribed methodologies and commercial prudence. The valuation cannot be challenged based on future performance or by substituting another method.

Judgments citing Section 56(2)(viib)

Joint CIT (OSD) Central Circle-1(4), Mumbai vs. Podar Media Magazine & Graphics Prints Pvt Ltd, Mumbai

In the result, ITA number 880/M/2022 filed by the learned assessing officer is dismissed

ITA 874/MUM/2022[2013-14]Status: DisposedITAT Mumbai09 Nov 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am Jt. Commissioner Of Income Podar Media Magazine & Tax Graphics Prints Pvt. Ltd. (Osd), Central Circle 1(4) 85, Podar Centre, 9Th Floor, 902, Parel Post Office Lane, Vs. Pratishtha Bhavan, Opp. Ambedkar Road, M.K. Road, Parel, Mumbai-400012 Mumbai-400020 (Appellant) (Respondent) Pan No. Aaecp9649K Jt. Commissioner Of Income Parel Graphic Prints Pvt Tax Limited (Osd), Central Circle 1(4) 85, Podar Centre, 9Th Floor, 902, Parel Post Office Lane, Vs. Pratishtha Bhavan, Opp. Ambedkar Road, M.K. Road, Parel, Mumbai-400012 Mumbai-400020 (Appellant) (Respondent) Pan No. Aagcp2425D Assessee By : Ms. Nishitamandalaywala, Ar Revenue By : Mr. Nimesh Yadav, Cit Dr Date Of Hearing: 10.08.2022 Date Of Pronouncement: 09.11.2022

For Appellant: Ms. NishitaMandalaywala, ARFor Respondent: Mr. Nimesh Yadav, CIT DR
Section 132Section 133(6)Section 143(2)Section 143(3)Section 153CSection 56(2)(viib)Section 68

parties as well as the genuineness of the transactions and also to justify the share premium and applicability of provision of Section 56(2)(viib) of the Act. The learned Assessing Officer further noted that various statements were recorded during the course of search of Shri Kirit Kumar Suba, Shri

Asst CIT Cir. 15(1)(2), Mumbai vs. M/S Dpn Reality Deals Pvt Ltd., Navi Mumbai

In the result, the appeal of the revenue is allowed for statistical purposes

ITA 1347/MUM/2020[2016-17]Status: DisposedITAT Mumbai31 Oct 2022AY 2016-17

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Vp आयकर अपील सं/ I.T.A. No.1347/Mum/2020 (निर्धारण वर्ा / Assessment Years: 2016-17) Acit, Circle-15(1)(2) बिधम/ M/S. Dpn Reality Deals Room No. 483A, 4Th Floor, Pvt. Ltd. Vs. Aayakar Bhavan, Mumbai- Unit No. 4, Building No. 400020. 2, Sector-1, Millenium Business Park Mahape, Navi Mumbai-400710. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy6576C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Saurabh Bhat Revenue By: Smt. Riddhi Mishra (Dr) सुनवाई की तारीख / Date Of Hearing: 19/10/2022 घोषणा की तारीख /Date Of Pronouncement: 31/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) -24, Mumbai [Hereinafter Referred To As The “Cit(A)”] Dated 18.11.2019 For Ay. 2016-17. 2. The Grounds Of Appeal Of The Revenue Reads As Under: - “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Allowing The Appeal & Deleting The Additions Of Rs.19,46,21,075/- Made U/S 56(2)(Viib) Of The Act. 2. The Appellant Prays That The Order Of The Ld. Cit(A) On The Above Ground Be Set Aside & That Of The Ao Be Restored.”

For Appellant: Shri Saurabh BhatFor Respondent: Smt. Riddhi Mishra (DR)
Section 56(2)(viib)

Rs.19,46,21,075/-. The aforesaid allotment was done by the assessee by claiming that it has complied with the provision of Section 56(2)(viib) of the Act r.w. Rule 11UA of the Income Tax Rule, 1962 (hereinafter “the Rules”) and accordingly the fair market value of the share ... rejected and, therefore, the book value method as per RULE 11UA (2)(a) should not be taken for the purpose of Section 56(2)(viib) of the IT. Act, 1961. 4.4 During the proceedings, the assessee company has neither submitted its response nor any explanation in reply to the detailed

ITO Corporate Ward 4(3), Chennai vs. Kaino Infra Development Private Ltd., Chennai

In the result, appeal filed by the Revenue is dismissed

ITA 1491/CHNY/2019[2015-16]Status: DisposedITAT Chennai12 Oct 2022AY 2015-16

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.No.1491/Chny/2019 ("नधा"रणवष" / Assessment Year: 2015-16) The Income Tax Officer, Vs M/S. Kaino Infra Development Corporate Ward-4(3) Pvt Ltd., Chennai-34. 37, Ttk Road, Alwarpet, Chennai-600 018. Pan: Aadcr 5655E (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/ Appellant By : Mr. Ar V Sreenivasan, Addl.Cit For Mr. V.Vikekananthan, Cit ""यथ"क"ओरसे/Respondent By : Mr. G.Seetharaman, C.A. & Mr.S.Sundararaman, C.A सुनवाईक"तार"ख/Date Of Hearing : 15.07.2022 घोषणाक"तार"ख /Date Of Pronouncement : 12.10.2022 आदेश / O R D E R Per G. Manjunatha, Am: This Appeal Filed By The Revenue Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-8, Chennai Dated 31.01.2019 & Pertains To Assessment Year 2015-16. 2. The Revenue Has Raised Following Grounds Of Appeal:- “1. The Order Of The Ld.Cit(A) Is Contrary To Law & Facts Of The Case. 2. The Ld.Cit(A) Erred In Allowing The Assessee'S Appeal By Stating That The Assessee Company Has Sufficiently & Reasonably Justified The Share Premium Received Of Rs.168.60 Crores For The Year.

For Appellant: Mr. AR V Sreenivasan, Addl.CIT for Mr. V.Vikekananthan, CITFor Respondent: Mr. G.Seetharaman, C.A. &
Section 56(2)(vii)

basis of free cash flow of third party is not suitable to determine correct value of shares for the purpose of provisions of section 56(2)(viib) of the Income Tax Act, 1961. The Assessing Officer had given various reasons to doubt share premium collected by the assessee for allotment ... assessee under DCF method is not showing correct value of shares as on the date of issue of shares. 12. The provisions of section 56(2)(viib) of the Act, deals with issue of shares at premium. As per said provisions, if a 19 company issues share at premium

M/S. Waterline Hotels Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 7(1)(2), Bangalore

In the result, the appeal by the assessee is allowed

ITA 388/BANG/2020[2013-14]Status: DisposedITAT Bangalore13 Sept 2022AY 2013-14

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sassessment Year : 2013-14 Waterline Hotels Pvt. Ltd., Vs. The Deputy Commissioner 10Th Floor, Gamma Block, Of Income Tax, Sigma Soft Tech Park No.07, Circle 7(1)(2), Airport Varthur Road, Bangalore. Whitefield, Bangalore – 560 066. Pan: Aaacw 8059N Appellant Respondent Appellant By : Shri Pranav Krishna, Advocate Respondent By : Shri V S Chakrapani, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 29.08.2022 Date Of Pronouncement : 13.09.2022 O R D E R Per Padmavathy S.This Appeal By The Assessee Is Against The Order Of The Cit(Appeals)-7, Bengaluru Dated 27.3.2019 For The Assessment Year 2013-14. 2. The Assessee Has Raised 18 Grounds Pertaining To The Following Issues:- Page 2 Of 20

For Appellant: Shri Pranav Krishna, AdvocateFor Respondent: Shri V S Chakrapani, CIT(DR)(ITAT), Bengaluru
Section 143(2)Section 271Section 40Section 56(2)(viib)

Fair Market Value [FMV] method using the book value of the assets & liabilities as per the financials. The AO invoked the provisions of section 56(2)(viib) and made an addition of Rs.33,71,77,500. The AO also made a disallowance u/s. 40(a)(ia) of the Act towards ... liabilities. As per the workings of the AO the value of shares was arrived at (-) 47.05. The AO therefore invoked the provisions of section 56(2)(viib) and made addition of the entire amount of share premium of Rs. 33,71,77,500 12. The CIT(A) upheld the addition