ITO v. Chiripal Poly Films Ltd. (2019) 177 ITD 441 / 202 TTJ 317/ 184 DTR 162 (Mum.) (Trib.)

S. 68 : Cash credits–Share application-Share premium- Provided name, address and PAN of shareholders, etc.- Addition cannot be made. [S. 56(2)(viib)]

Assessee-company received share application money from several investors . Assessee charged share premium of Rs 990 per share. AO held that under rule 11UA fair market value of share of assessee was worked out to Rs. 37.87 per share as on 31-3-2010 and Rs.166.54 per share as on 31-3-2011. Accordingly, relying on amended provision of section 56(2)(viib), he treated excess share premium received by assessee as unexplained income and made addition under S. 68 of the Act . Tribunal held that the assessee had adequately disclosed transaction in its books of account, filed statutory Forms regarding allotment of shares, provided name, address and PAN of shareholders, etc.  Accordingly  addition is held to be not valid .  Amendment in S.56(2)(viib) inserted vide Finance Act, 2013 with effect from 1-04 2013 is prospective in nature and could not be applied  in assessment year 2011-12 for making addition u/s. 68 of the Act. (AY. 2011-12)