Shri K.Srikanth, Chennai vs Acit, Chennai on 19 May, 2020
आयकर अपील य अ
invocable only when the
consideration for issue of shares exceeds the face
value of shares and not when they are issued at
face value ... face
value of shares issued.
9. For that the Commissioner of Income Tax
(Appeals) having accepted that the shares have
been allotted at face value
closely held companies for funds received
from shareholders, and taxation of share premium in excess of fair
market value.
:-8-: ITA. No: 2601/Chny/2024 ... valuation is not
acceptable to them. The major subscriber to the shares is the holding company
Ambattur Clothing Limited. The present investment seems to have
M/S Deolite Haskins & Sells, Chennai vs Acit Non Corp Circle 1 (1) Formerly
impugned assessment year as unexplained share
capital u/s.68.
4. For that the provisions of Section68 are not invocable in the facts
and circumstances
addition as a legal ground. It was submitted that the shares of the
assessee company were acquired by Manappuram Finance Limited- a
public limited company ... rests upon invocation of provisions of 56(2)(viib). We
have also noted that by virtue of acquisition of its shares by the
Manapuram Finance
income not forming part of the total income, from investment in shares,
following the decision in Cheminvest ... shall preclude invocation of s. 14A . At the same
time, however, the expenditure, if any, incurred in relation to the investment in
shares
assessee sold 23082 shares to Manhattan Venture Partners (MVP)
at Rs.2274/- per share whereas the assessee sold 31405 shares to
Norwest Venture Partner (Norwest ... shares at Rs.31.40 per share which was much lesser
than the price realized by the assessee. However, Ld. AO proposed
invocation
year
under consideration the assessee company had issued rights share of
Rs.27,14,286 shares each to its two holding companies namely ... consequently earned share premium of Rs.32,57,14,320/-. The Ld.
AO had queried about feasibility of invocation of Rule
sale consideration (113rd share of the appellant) which has been
duly disclosed. Further, AO has also contested the invocation of
section