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ITAT Delhi Deletes Over ₹1112 Cr Additions: Fresh Share Allotment Not Covered by Section 56(2)(viia)

Case Law Details

TaxGuru Citation
2025 taxguru.in 8973
Case Name
Enormous Nivesh Pvt. Ltd. Vs ACIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2015-19
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Enormous Nivesh Pvt. Ltd. Vs ACIT (ITAT Delhi)

ITAT Delhi Deletes Over ₹1112Cr Additions: Fresh Share Allotment Not Covered by s.56(2)(viia)-Suspicion on Debtors Unsustainable; Delhi Tribunal allowed Assessees’ appeals by deleting massive additions made u/s 56(2)(viia) & on account of sundry debtors.

Background:

Both assessees filed returns for AY 2015-16 showing meagre incomes. The AO, in scrutiny assessments u/s 143(3), made huge additions:

  • Enormous Nivesh Pvt. Ltd. – ₹383.79 Cr (Bhartiya Hotels shares), ₹195.52 Cr (Dunlop Properties shares) & ₹89.29 lakh (sundry debtors).
  • Fragment Nivesh Pvt. Ltd. – ₹335.82 Cr (Bhartiya Hotels shares), ₹195.53 Cr (Dunlop Properties shares) & ₹69.81 lakh (sundry debtors).

Thus, the combined additions in both cases work out to Rs. 1112,26,15,925/- (Rupees 1,112 crore 26 lakh 15 thousand 925 only). AO invoked s.56(2)(viia) on ground that shares were acquired at ₹10 per share, whereas FMV exceeded ₹950 per share. CIT(A) upheld additions.

Assessee’s Arguments:

  • Section 56(2)(viia) applies to transfer of shares, not to fresh allotment. For allotment, only s.56(2)(viib) could apply.
  • Relied on Khoday Distilleries Ltd. Vs. CIT (SC) & PCIT Vs. Jigar Jaswantlal Shah (Gujarat HC), where it was held that shares come into existence only upon allotment & fresh issue is not covered by s.56(2)(viia).
  • As regards sundry debtors, AO made additions without rejecting books & without pointing out any bogus transaction in relevant year. The issue was already decided in favour of group companies (Fabulous Nivesh Pvt. Ltd., ITA 569/Del/2019, order dated 25.04.2025).

Revenue’s Stand:

  • Since shares were acquired at price far below FMV, s.56(2)(viia) applied.
  • Debtors were fictitious, as seen in earlier year, & sales were non-genuine.

Tribunal’s Findings:

  • Allotment of fresh shares is not “transfer”, hence provisions of s.56(2)(viia) do not apply. Such cases fall under s.56(2)(viib), which deals with issue of shares at premium.
  • Additions made by AO & confirmed by CIT(A) on Bhartiya Hotels & Dunlop Properties shares were therefore illegal.
  • On sundry debtors, AO failed to bring any corroborative evidence of fictitious sales in AY 2015-16. Mere suspicion based on earlier year cannot justify addition. ITAT relied on its earlier ruling in Fabulous Nivesh Pvt. Ltd. (25.04.2025).
  • Thus, all additions were set aside & both appeals allowed.

Result: Both appeals of assessees were allowed; additions aggregating over ₹1112 crore were deleted.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,941

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