In the result, the appeal of the Department is dismissed
Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am
56(2)(viib) and the jurisprudence that the share capital and share premium are in a nature of capital receipt and cannot be brought to tax, Para 7 (c) In any case, we may point out that the amendment to section 68 of the Act by the addition of proviso thereto took place with effect from April 1, 2013. Therefore