The assessing Officer has initiated the reassessment on ground that assessee had issued preference shares of face value of Rs. 10 each at premium of Rs. 488 per share but market value of each share was Rs.25.20 only and consideration received from issue of shares which exceeded face value of such shares was required to be assessed to tax under section 56(2)(viib) of the Act. Learned single quashed the reassessment proceedings on the ground that no tangible material or fresh material had come to notice of Assessing Officer, and further Assessing Officer had, in fact, made a modification to valuation of first lot of shares during original assessment. On appeal division bench affirmed the order of the single judge and held that reassessment notice was not valid. (AY. 2014-15)
ITO v. Shivsu Canadian Clear Waters Ltd. (2022) 284 Taxman 660/ 214 DTR 254/ 327 CTR 345 (Mad.)(HC)
S. 147 : Reassessment-With in four years-Income from other sources-Valuation of shares-Order of single judge allowing the writ petition is affirmed. [S. 56(2)(viib), 148, Art. 226]