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)

DCIT, New Delhi vs. M/S. Technico Industries Pvt. Ltd., New Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 5204/DEL/2015[2011-12]Status: DisposedITAT Delhi09 Mar 2021AY 2011-12

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2011-12 Dcit, Vs Technico Industries Pvt. Ltd., Circle-25(1), 103, Pratap Bhawan, Cr Building, Ip Estate, Bahadur Shah Zafar Marg, New Delhi. Near Indian Express Building, New Delhi. Pan: Aaact4445P (Appellant) (Respondent) Assessee By : Shri Aditya Kumar, Ca & Shri Ashwani Kumar, Ca Revenue By : Mrs Aashna Paul, Cit-Dr Date Of Hearing : 17.12.2020 Date Of Pronouncement : 09.03.2020 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against Order Dated 31St March, 2015 Of The Cit(A)-9, New Delhi Relating To Assessment Year 2011-12. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Manufacturing Of Sheet Metal Components & Tools & Dies. It Filed Its Return Of Income On 29Th September, 2011 Declaring ‘Nil’ Income. The Said Return Was Revised On 14Th September, 2012 Declaring A Loss Of Rs.3,61,68,075/-. During The Course Of Assessment Proceedings, The Ao, On Perusal Of The Balance Sheet Filed By The Assessee, Noted That The Assessee Company Has Issued 14,72,000 Equity Shares At A Premium Of Rs.115. From The Various Details Furnished By The Assessee, The Ao Noted That The Assessee Has Issued Shares To The Following Persons/Parties:-

For Appellant: Shri Aditya Kumar, CA &For Respondent: Mrs Aashna Paul, CIT-DR
Section 133(6)

Mantram Commodities Pvt. Ltd., Faridabad vs. ITO Ward 1(5), Faridabad

In the result, the appeal filed by the assessees is allowed

ITA 6170/DEL/2019[2015-16]Status: DisposedITAT Delhi12 Feb 2021AY 2015-16

Bench: Shri R.K. Pandaassessment Year: 2015-16 Mantram Commodities Pvt. Ltd., Vs Ito, Ff-9, Vishnu Place, Ward 1(5), Near Neelam Flyover, Faridabad. Sector-20B, Faridabad. Pan: Aahcm9517C (Appellant) (Respondent) Assessee By : Shri Rajiv Saxena, Advocate Revenue By : Shri Rovin Rawal, Addl.Cit Date Of Hearing : 21.01.2021 Date Of Pronouncement : 12.02.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Orders Dated 29Th March, 2019 Of The Cit(A), Faridabad, Relating To Assessment Year 2015-16. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company & Has Not Conducted Any Business Activity During The Relevant Assessment Year. It Filed Its Return Of Income On 10Th September, 2015 Declaring The Total Income At Rs.1,64,750/-. The Ao, During The Course Of Assessment Proceedings, Noted That The Assessee Company Has Received Rs.42 Lakhs As Share Premium During The Year On Issue Of 60000 Shares At A Premium Of Rs.70/-. He Noticed That The Shares Have Been Allotted On 31St March, 2015 To The Following Companies/Persons:- Name Of Person, No. Of Nominal Premium Amount Of Total Amt. Paid Shares Value Per Per Premium(Rs.) Including Share(Rs.) Share(Rs.) Premium(Rs.) Gangashiv 33125 10 70 2318750 2650000 Contractors Pvt. Ltd. 26875 10 70 1881250 2150000 Amar Shree Industries Pvt. Ltd. Total 60000 4200000 4800000

For Appellant: Shri Rajiv Saxena, AdvocateFor Respondent: Shri Rovin Rawal, Addl.CIT
Section 11USection 133(6)Section 143(3)Section 56(2)(viib)Section 68