Assessee, was holding 10.34 per cent of shares in company Tirumala Milk products Pvt Ltd . During year, assessee along with all other individual shareholders decided to sale his shares in Tirumala Milk products Pvt Ltd BSA International . Tirumala Milk products Pvt Ltd had appointed Barclays Bank as a financial advisor for evaluating value of its shares, searching a potential buyer, etc. On finalization of sale transaction, Tirumala Milk products Pvt Ltd paid success fee to Barclays Bank . The AO held that the assessee being shareholder of 10.34 per cent had got indirect benefit from services of Barclays Bank which required to be taxed in hands of assessee under S. 2(24)(iv) of the Act .CIT ( A) held that provision is not applicable hence deleted the addition .On appeal by the revenue the Tribunal affirmed the order of the CIT (A). ( AY. 2014 -15)
ACIT v. Danda Brahmanandam. (2019) 179 ITD 38/(2020) 203 TTJ 485 /187 DTR 340 (Vishakha) (Trib.)/ACIT v. Battini Naggrswara Rao (2019) 179 ITD 38 / (2020) 203 TTJ 485/ 187 DTR 340 (Vishakha)(Trib.)
S.2(24)(iv):Income- The value of benefit or perquisite- Success fee paid by company Tirumala Milk products Pvt Ltd to Barclays Bank could not be treated as perquisites . [ S.48(1) ]