The assessee company had only two share holders husband and wife On demises of husband shares devolved on daughter. Unrealistic premium paid by mother for allotment of shares. Tribunal held that, here was no possibility of generation and use of unaccounted money resulting from transaction as investor’s source of investment was genuine Lifting corporate veil could not be invoked in case of assessee-company because by virtue of said transaction benefit had only passed on to her daughter and said transaction would not benefit any further shareholder in future benefit only passed on to daughter . Accordingly the provisions of S. 56(2)(viib) cannot be invoked in the hands of the company when cash or asset is transferred by a mother to her daughter.
Vaani Estates (P.) Ltd. v. ITO (2018) 172 ITD 629/( 2019) 70 ITR 643 (Chennai) (Trib.)
S. 56 : Income from other sources-Only two share holders husband and wife–lifting corporate veil- On demises of husband shares devolved on daughter-Unrealistic premium paid by mother for allotment of shares -Benefit only passed on to daughter -Provisions of S. 56(2)(viib) cannot be invoked in the hands of the company when cash or asset is transferred by a mother to her daughter. [S. 56(2)(vi), 56(2)(viib), 56 (2) (x) ]