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ITAT Deletes Section 56(2)(viib) Addition as Shares Were Allotted to Existing Shareholders
Case Law Details
- Case Name
- Suri Agro Fresh Private Limited Vs DCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All ITAT, ITAT Delhi
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Suri Agro Fresh Private Limited Vs DCIT (ITAT Delhi)
The Income Tax Appellate Tribunal (ITAT), Delhi, allowed the assessee’s appeal against the order of the Commissioner of Income Tax (Appeals) for Assessment Year 2017-18, deleting the addition of ₹9,00,000 made under Section 56(2)(viib) of the Income-tax Act on account of alleged excess share premium.
The assessee challenged the finding that Section 56(2)(viib) applied where equity shares were allotted to existing shareholders. It also contested the addition of ₹9,00,000, representing the differential premium of ₹0.09...




