Section 56(2)(viib) of the Income Tax Act

Income-tax Act, 2025: s.92

Section 56(2)(viib) falls under section 56 of the Income-tax Act, 1961, which corresponds to section 92 (Income from other sources) of the Income-tax Act, 2025.

Read section 92 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 56(2)(viib) is National Insurance Co. Ltd. v. Pranay Sethi (16 SCC 680), cited in 152 of the 746 judgments on BharatTax that turn on this section.

Leading authorities on Section 56(2)(viib)

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.

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.

Green Infra Ltd. v. ITO
38 Taxmann.com 253 · 2013 · ITAT
42
citing judgments

Share premium and share application money cannot be added as unexplained cash credits under Section 68 if the genuineness of the transaction and the creditworthiness and identity of the investors are established. The onus is on the revenue authorities to prove that the apparent nature of the receipt is not real.

Innoviti Payment Solutions Pvt. Ltd. v. ITO
102 Taxmann.com 59 · 2019 · ITAT
35
citing judgments

The Assessing Officer (AO) cannot discard the Discounted Cash Flow (DCF) method for share valuation if the assessee opts for it as per Rule 11UA(2). The AO must record reasons for not accepting the assessee's valuation report and obtain a fresh report before proceeding with their own valuation, but cannot change the method chosen by the assessee.

Agro Portfolio (P.) Ltd. v. ITO
94 Taxmann.com 112 · 2018 · High Court
33
citing judgments

The Assessing Officer (AO) has the power to disturb the valuation of shares provided by the assessee's chartered accountant, even if Rule 11UA(2) is followed. If the AO doubts the valuation report, they are not necessarily bound to refer the matter to the Valuation Officer and can adopt a different method to determine the fair market value.

Pr. Commissioner of Income Tax v. Rohtak Chain Co. Pvt. Ltd.
110 Taxmann.com 59 · 2019 · Supreme Court
31
citing judgments

The case is cited for the proposition that assessees must produce requisite documents, including confirmation of ITR, balance sheets, and bank accounts, to satisfy the ingredients of Section 68 of the Income Tax Act. Failure to do so can lead to adverse inferences.

Judgments on Section 56(2)(viib)

Chemicon Engineering Consultant Pvt Ltd., Mumbai vs. Asst CIT Circle- 3 (1)(2), Mumbai

In the result, the appeal of the Revenue stands dismissed and the appeal of the assessee is allowed

ITA 7907/MUM/2019[2013-14]Status: DisposedITAT Mumbai17 Jun 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.7907/Mum/2019 (निर्धारण वर्ा / Assessment Year:2013-14) Chemicon Engineering बिधम/ Acit, Circle 3(1)(2) Consultant Pvt. Ltd. Room No.607, Aayakar Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Sakhar Bhawan, Nariman Road, Mumbai-400020. Point, Mumbai-400021. आयकर अपील सं/ I.T.A. No. 833/Mum/2020 (निर्धारण वर्ा / Assessment Year:2013-14) Acit, Circle 3(1)(2) बिधम/ Chemicon Engineering Room No.607, Aayakar Consultant Pvt. Ltd. Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Road, Mumbai-400020. Sakhar Bhawan, Nariman Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc2686H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Anuj Kisnadwala Revenue By: Shri H. N. Singh (Dr) सुनवाई की तारीख / Date Of Hearing: 11/05/2022 घोषणा की तारीख /Date Of Pronouncement: 17/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee & Revenue Respectively Against The Order Of The Ld. Cit(A)-08, Mumbai Dated 29.11.2019 For The A.Y.2013-14. 2. The Grounds Raised By The Both The Parties Are As Follows: Assessee Grounds: - 1. For That On The Facts & Circumstances Of The Case The Orders Passed By The Assessing Officer U/S 143(3) Of The Act, 1961 (The “Act”) & A.Ys.2013-14 Chemicon Engineering That By The Cit(A) U/S 250 Of The Act So Far It Relates To In Confirming Of The Additions To The Extent Of A) Rs. 6,22,05,000/- Received From Certain Companies Out Of Total Rs. 13,13,50,000/- In Respect Of Shares Allotted Against Share Application Money;

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri H. N. Singh (DR)
Section 143(3)Section 250Section 68

The ITO, Ward-2(1)(3), Ahmedabad vs. M/S. Lucent Cleanenergy Pvt. Ltd, Ahmedabad

In the result, appeal of the Revenue is dismissed due to low tax effect

ITA 1680/AHD/2019[2013-14]Status: DisposedITAT Ahmedabad28 Mar 2022AY 2013-14

Bench: Shri P.M. Jagtap, Vice- & Ms. Madhumita Royassessment Year : 2013-14 Income Tax Officer, M/S. Lucent Cleanenergy Ward-2(1)(3), Vs Pvt. Ltd., Ahmedabad Ff-14-15, 1St Floor, Pushpak Apartment, Prernatirth Derasar Road, Satellite Ahmedabad Pan : Aaccl 0497 P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri S.S. Shukla , Dr Assessee By : None सुनवाई क" तार"ख/Date Of Hearing : 28/03/2022 घोषणा क" तार"ख /Date Of Pronouncement: 28/03/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-: The Revenue Is In Appeal Before The Tribunal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-2, Ahmedabad Dated 23.08.2019 Passed For Assessment Year 2013-2014. 2. The Ground Taken By The Revenue Is As Follows:- “The Ld. Cit(A) Has Erred In Law & On Facts In Deleting The Addition Of Rs.1,03,04,278/- Made By The Assessing Officer In Respect Of Share Capital Received In Excess Of Fair Market Value Which Is Disallowed U/S. 56(2)(Viib) Of The Act.” 3. At The Time Of Hearing Before Us, None Appeared On Behalf Of The Assessee; However, Since The Issue In Question Is Covered By Cbdt Circular No. 17 Of 2019 Dated 08.08.2019, This Appeal Is Decided Ex-Parte Qua The Assessee, After Hearing The Learned Departmental Representative & Perusing The Material Available On Record. 4. Having Heard The Learned Departmental Representative & Having Perused The Material On Record, We Find That This Appeal Of The Revenue Is Ito Vs. M/S Lucent Cleanenergy Pvt Ltd Ay : 2013-14 2

For Appellant: NoneFor Respondent: Shri S.S. Shukla , DR
Section 56(2)(viib)