DCIT v. Kul Prakash Chandhok (2024) 205 ITD 611 (Delhi) (Trib.)

S. 56 : Income from other sources-Bonus shares-Out of capitalization of existing reserves in company-Overall wealth of a shareholder post-bonus or pre-bonus remains same-therefore, Provisions of section 56(2)(vii)(c) are not attracted in respect of bonus shares. [S. 56(2)(vii(c)]

During year, assessee shareholder had received bonus shares.  Assessing Officer held  that bonus shares were received by assessee without any consideration and held  invoked provisions of section 56(2)(vii)(c) and made addition to income of assessee for bonus shares received. CIT(A) deleted the addition. On appeal the Tribunal held that   on identical set of facts in case of wife of assessee,  (Dy.CIT v. Aruna Chandhok (ITA No. 387 / Delhi) of 2021 dt. 5-9-2023)   Tribunal held that bonus shares were issued only out of capitalization of existing reserves in company and since overall wealth of a shareholder post-bonus or pre-bonus remained same, provision of section 56(2)(vii)(c) are not attracted for taxing bonus shares as income from other sources. Order of CIT(A) is affirmed.  (AY. 2015-16)