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    <title>2023 (9) TMI 1513 - ITAT DELHI</title>
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    <description>The ITAT Delhi dismissed the Revenue&#039;s appeal regarding addition under section 56(2)(x) for deemed income on share buyback. The assessee company bought back its own shares at Rs. 313.40 per share against fair market value of Rs. 370.46 per share determined under Rule 11UA. Following precedents from Delhi, Mumbai, Hyderabad and Chennai Tribunals, particularly TPS Infrastructure Ltd. and Vohra Financial Services Pvt. Ltd., the Tribunal held that section 56(2)(viia) provisions apply only when purchased shares become property of the buyer company. Since the assessee purchased its own shares under buyback scheme which were extinguished by reducing paid-up capital, the provisions were inapplicable to own share buybacks.</description>
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      <title>2023 (9) TMI 1513 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=456556</link>
      <description>The ITAT Delhi dismissed the Revenue&#039;s appeal regarding addition under section 56(2)(x) for deemed income on share buyback. The assessee company bought back its own shares at Rs. 313.40 per share against fair market value of Rs. 370.46 per share determined under Rule 11UA. Following precedents from Delhi, Mumbai, Hyderabad and Chennai Tribunals, particularly TPS Infrastructure Ltd. and Vohra Financial Services Pvt. Ltd., the Tribunal held that section 56(2)(viia) provisions apply only when purchased shares become property of the buyer company. Since the assessee purchased its own shares under buyback scheme which were extinguished by reducing paid-up capital, the provisions were inapplicable to own share buybacks.</description>
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      <pubDate>Mon, 25 Sep 2023 00:00:00 +0530</pubDate>
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