ACIT, Central Circle. v. Sanghvi Beauty and Technologies (P.) Ltd. (2025) 215 ITD 588 (Pune) (Trib.)

S. 56: Income from other sources-Income from other sources-Shares at premium-Cash flow method-Matter was to be restored to the file of CIT(A) for fresh adjudication.[S.56(2)(viib)]

Assessee-company issued shares at a premium. Assessing Officer made an addition under section 56(2)(viib) on the ground that shares were issued at an exorbitant premium. CIT(A) deleted the additions. On appeal, the Tribunal held that as per the first valuation certificate, fair market value was Rs. 50,176, and in the second valuation certificate, fair market value per share was Rs. 1.61 lakhs.  Since Wipro Enterprises Ltd was neither a venture capital nor a SEBI-registered fund very basis of granting of relief was incorrect.  Tribunal held that since the assessee had furnished the necessary details and documentary evidence showing that the source of investment was duly explained and shares were issued at fair market value determined by a registered valuer under the discounted cash flow method, the matter was to be restored to the file of CIT(A) for fresh adjudication. (AY. 2021-22)

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