Clearview Healthcare P. Ltd. v. ITO (2020) 77 ITR 39 (SN) /185 TTJ 369 / 203 TTJ 349 (SMC) (Delhi)(Trib.)

S. 56 : Income from other sources–Valuation of shares-Share premium-Addition on account of excess share premium unjustified. [S.56(2)(viib), R.11UA]

Allowing the appeal of the assessee the Tribunal held that, once the assessee had given the approved valuer’s report justifying the share premium raised and this was based on valid and prescribed method there was no unaccounted money involved even remotely and the addition under S. 56(2)(viib) read with rule 11UA was unlawful. The assessee did not come within the mischief of S.  56(2)(viib). It was not the case of the Department that the money was not clean money. Accordingly the addition on account of excess share premium was unjustified. Moreover, those shares were sold in the next financial year at a much higher price after proper due diligence, that too, to a non-resident buyer and there was no case of unaccounted money being brought in the garb of share premium. (AY.2014-15)