Non application of section 56(2)(viia) to fresh issue of shares contrary to express provisions and legislative intent – CBDT clarifies again
F.No. 173/616/2018-ITA.I
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Direct Taxes)
North Block, New Delhi,
Dated the 21st January, 2019
As mentioned in Circular 02/2019, a comprehensive review of the subject matter relating to interpretation of the term “receives” as used in, inter alia, section 56(2)(viia) of the Income-tax Act, 1961 (the Act) and similar provisions contained in section 56(2) of the Act has been made by the Board in view of pendency of this issue in various judicial forums and clarifications sought by stakeholders. Based on the above, the following position is hereby clarified.
2. Keeping in view the plain reading as well as the legislative intent of section 56(2)(viia) and similar provisions contained in section 56(2) of the Act, being antiabuse in nature, it has been decided that the view, as was taken in circular no. 10/2018 (subsequently withdrawn by circular no. 02/2019) that section 56(2)(viia) of the Act would not apply to fresh issuance of shares, would not be a correct approach, as it could be subject to abuse and would be contrary to the express provisions and the legislative intent of section 56(2)(viia) or similar provisions contained in section 56(2) of the Act.
3. Therefore, any view expressed by the Board in Circular No. 10/2018 shall be considered to have never been expressed and accordingly, the said circular shall not be taken into account by any Income-tax authority in any proceedings under the Act.
(Rajarajeswari R)
Under Secretary to the Government of India
Copy to:-
1) PS to FM/OSD to FM/PS to MoS(F)/OSD to MoS(F)
2) PS to Secretary (Revenue)
3) Chairman, CBDT & All Members, CBDT
4) All Pr.CCsIT/ Pr.DsGIT
5) All Joint Secretaries/CsIT, CBDT
6) CIT (M&TP), Official Spokesperson of CBDT
7) O/o Pr. DGIT(Systems) for uploading on official websitc
8) Addl.CIT (Database Cell) for uploading on departmental website
(Rajarajeswari. R)
Under Secretary to the Government of India
Addition deleted as it was made on the basis of letter of District Magistrate which not recovered during the search…
Banks not required to deduct TDS under Income Tax Act 2025 on interest income below threshold limit - CBDT clarification …
Allegations of delay in TDS deposit, role of person responsible are disputed factual matters which must be tested at trial…
Procedure, formats and standards for generation and allotment of Unique Identification Number (UIN) in respect of Form No. 121 declaration…
Penalty u/s 270A deleted as AO failed to mention under which clause the case of the assessee fall. In a…
Income of section 25 company by deploying ex-servicemen as security guards was not business activity. In a recent judgment, Kerala…