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    <title>2011 (8) TMI 1340 - ITAT MUMBAI</title>
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    <description>The Tribunal upheld the Commissioner (Appeals)&#039; decision, ruling that the addition of Rs. 2,53,35,000 under Section 68 of the Income Tax Act was unwarranted. It emphasized that the share premium, being a capital receipt, cannot be taxed under Section 68. The Tribunal held that the identity, capacity, and genuineness of the shareholders were adequately established, and the Assessing Officer&#039;s disagreement with the valuation of shares was deemed legally incorrect. As a result, the appeal by the Revenue was dismissed.</description>
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      <title>2011 (8) TMI 1340 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=291852</link>
      <description>The Tribunal upheld the Commissioner (Appeals)&#039; decision, ruling that the addition of Rs. 2,53,35,000 under Section 68 of the Income Tax Act was unwarranted. It emphasized that the share premium, being a capital receipt, cannot be taxed under Section 68. The Tribunal held that the identity, capacity, and genuineness of the shareholders were adequately established, and the Assessing Officer&#039;s disagreement with the valuation of shares was deemed legally incorrect. As a result, the appeal by the Revenue was dismissed.</description>
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