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    <title>2025 (3) TMI 1042 - ITAT DELHI</title>
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    <description>The ITAT Delhi ruled on three key issues. First, regarding addition u/s 56(2)(viib), the tribunal held that the DCF method valuation by a Chartered Accountant showing fair market value at Rs. 106/- per share was acceptable, and the AO&#039;s attempt to establish discrepancies lacked proper basis. The addition was deleted as there was no over-valuation. Second, concerning addition u/s 68 for share capital premium, the tribunal found the AO&#039;s invocation erroneous since the subscribing companies used existing funds from previous years&#039; investments, satisfying requirements of identity, creditworthiness and genuineness. Third, regarding disallowance u/s 14A r/w Rule 8D, the tribunal upheld the AO&#039;s findings that the assessee made fresh investments and sold shares, justifying expenditure disallowance for earning dividend income, as the assessee failed to rebut with evidence.</description>
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    <pubDate>Wed, 19 Mar 2025 00:00:00 +0530</pubDate>
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      <title>2025 (3) TMI 1042 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=767656</link>
      <description>The ITAT Delhi ruled on three key issues. First, regarding addition u/s 56(2)(viib), the tribunal held that the DCF method valuation by a Chartered Accountant showing fair market value at Rs. 106/- per share was acceptable, and the AO&#039;s attempt to establish discrepancies lacked proper basis. The addition was deleted as there was no over-valuation. Second, concerning addition u/s 68 for share capital premium, the tribunal found the AO&#039;s invocation erroneous since the subscribing companies used existing funds from previous years&#039; investments, satisfying requirements of identity, creditworthiness and genuineness. Third, regarding disallowance u/s 14A r/w Rule 8D, the tribunal upheld the AO&#039;s findings that the assessee made fresh investments and sold shares, justifying expenditure disallowance for earning dividend income, as the assessee failed to rebut with evidence.</description>
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