The assessee, engaged in share trading and investment, purchased shares below their fair market value and held them as stock-in-trade. The Tribunal held that section 56(2)(viia) was enacted as an anti-abuse provision to curb laundering of unaccounted income and applies only to shares constituting capital assets. Shares held as stock-in-trade in the ordinary course of business fall outside its ambit. Since the Department had accepted similar treatment in the case of the assessee’s sister concern and there was no allegation of money laundering, the addition under section 56(2)(viia) was deleted. (AY. 2017-18).
Utility Supply (P.) Ltd. v. Dy. CIT (2025) 124 ITR 324 / 174 taxmann.com 250 (Mum.)(Trib.)
S. 56: Income from other sources-Shares held as stock-in-trade-Purchase below fair market value-Provision not applicable.[S. 2(14), 56(2)(vii) R. 11UA]
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