Assessing Officer to Reevaluate Share Premium Taxability u/s 56(2)(viib) of Income Tax Act; Possible Gift Classification Discussed.

Taxability of shares premium u/s 56(2)(viib) - AO was required to undertake the exercise of fact finding by determining the FMV of the Shares in question as per Explanation to Section 56(2)(viib) - remanded back to AO because such exercise not having been done - the Assessee will be free to raise all factual and legal contentions including treating said amount as 'gift' from mother to daughter. .....

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