https://www.taxtmi.com/highlights?id=95314 The dominant issue was whether share premium could be taxed as income under section 56(2)(viib) when the assessee had become a deemed public company. Since the assessee became a subsidiary of a public company in which the public were substantially interested, it qualified as a deemed public company under section 2(18). As section 56(2)(viib) excludes companies in which the public are substantially interested, the statutory condition for invoking section 56(2)(viib) failed; consequently, the share premium addition lacked legal foundation and was directed to be deleted, and the appeal was allowed. - ITAT en-us Tue, 23 Dec 2025 07:59:05 +0530 Tue, 23 Dec 2025 07:59:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=95314 The dominant issue was whether share premium could be taxed as income under section 56(2)(viib) when the assessee had become a deemed public company. Since the assessee became a subsidiary of a public company in which the public were substantially interested, it qualified as a deemed public company under section 2(18). As section 56(2)(viib) excludes companies in which the public are substantially interested, the statutory condition for invoking section 56(2)(viib) failed; consequently, the share premium addition lacked legal foundation and was directed to be deleted, and the appeal was allowed. - ITAT Highlights Income Tax Tue, 23 Dec 2025 07:59:05 +0530 https://www.taxtmi.com/highlights?id=95314