Clearmedi Healthcare (P.) Ltd. v. ACIT (2023) 203 ITD 656 (Delhi) (Trib.)

S. 56 : Income from other sources-Share premium-Incorrect report of Chartered Accountant Matter remanded. [S. 56(2)(viib).]

Assessee issued shares of face value of Rs. 10 each and received premium at rate of Rs. 240 per share and submitted valuation report issued by Chartered Accountant. Assessing Officer held that whole of premium at rate of Rs. 240 per share was based on incorrect report of Chartered Accountant and added it to assessee’s income under section 56(2)(viib). On appeal the Tribunal held that  since Tribunal in case of associate company of assessee held that addition made by Assessing Officer on account of alleged premium was unjustified as those very shares were sold in next financial year at much higher amount, issue was to be remitted to Assessing Officer to examine afresh.  (AY. 2013-14)