During year, assessee sold shares to a foreign company, namely, MSRL at rate of Rs. 380.53 per share . The AO held that share premium in excess of value of shares as determined under rule 11UA and, accordingly, he treated share premium as income of assessee as per provision of S. 56(2)(viib) of the Act . On appeal the Tribunal held that those very shares were sold in next financial year at much higher amount after proper due diligence to a non-resident buyer . Accordingly the addition was deleted . (AY. 2014 -15)
Clearview Healthcare (P.) Ltd. v. ITO (2020) 181 ITD 141/ 185 DTR 369 77 ITR 39 (S.N.)/ 203 TTJ 349 (Delhi) (Trib)
S. 56 : Income from other sources – Sale of shares to non-resident – Valuation of shares- Share premium in excess of value of shares as determined under rule 11UA cannot be assessed as income of the assesseee. [ S.56(2) (viib) ,R.11UA ]