Share Premium not taxable in the hands of investee if Investor already taxed for it

ACIT Vs Luncar Finance Private Limited (ITAT Chennai)

Introduction: In a pivotal ruling, the Income Tax Appellate Tribunal (ITAT) Chennai clarified the taxation parameters of share premiums, emphasizing that the share premium cannot be taxed again if it has already been taxed in the hands of the investing entity. This article deep dives into the case of ACIT Vs Luncar Finance Private Limited to understand the nuances of this landmark judgment.

Detailed Subheading-wise Analysis:

1. Background of the Appeal:

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