9911796707
TMI Blog2024 (12) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... .M): 1. This appeal has been preferred against the impugned order dated 16.11.2023 passed in Appeal no. NFAC/2017-18/10040568 by the Ld. Commissioner of Income-tax(Appeals)/ National Faceless Appeal Centre (NFAC) [hereinafter referred to as the "CIT(A)"] u/s. 250 of the Income-Tax Act, 1961 [hereinafter referred to as "Act"] for the Assessment year [A.Y.] 2018-19, wherein learned CIT(A) has dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccount of the donor/Shri Milan S Shah found that the said gift of 2,81,250 shares of M/s. Ecobrilliance to assessee were shown to be debited as Rs. 2,73,06,266/-. Learned assessing officer accordingly added the difference of Rs. 5,03,18,734/-, being the difference in the cost of shares received by the assessee under gift and that recorded by the assessee, treating it as unexplained credit u/s. 68 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee's relative to assessee and that recorded at 'fair market value' by the assessee, be treated as unexplained credit u/s 68 of the Act? 6. Learned representative for the assessee has submitted that the shares gifted by the assessee's relative to the assessee were recorded in donor's A/c showing the cost of acquisition of Rs. 2,73,06,266/-. However, these were recorded by assessee in her boo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 47. The assessee has not sold the gifted shares during the year under consideration. According to section 56(2)(X), the gift being from the relative of the assessee is wholly exempt from tax. There cannot be treated any profit or gain on the receipt of such gift from relative. 9. Learned CIT(A), while passing the impugned order, has taken support from the decision of Hon'ble Bombay High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so to clause (xiii) r/w explanation to clause (vii) of section 56(2) of the Act. The gifted shares of Rs. 2,73,06,266/- were recorded by the assessee in her account exhibiting the cost of gifted shares at 'fair market value' @ Rs. 7,76,25,000/-. Such a gift is wholly exempt u/s. 56(2)(X) of the Act. The aforesaid issue is accordingly determined in negative against the revenue and in favour of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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