| COURT: | ITAT Delhi |
| CORAM: | Bhavnesh Saini (JM), Waseem Ahmed (AM) |
| SECTION(S): | 56(2)(viia), Rule 11UA |
| GENRE: | Domestic Tax |
| CATCH WORDS: | gifts from relatives, undervaluation, valuation of property |
| COUNSEL: | Ashwani Taneja |
| DATE: | March 7, 2018 (Date of pronouncement) |
| DATE: | April 21, 2018 (Date of publication) |
| AY: | 2014-15 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 56(2)(viia)/ Rule 11UA: The "fair market value" of shares acquired has to be determined by the taking the book values of the underlying assets and not their market values | |
On the plain reading of Rule 11UA, it is revealed that while valuing the shares the book value of the assets and liabilities declared by the TEPL should be taken into consideration. There is no whisper under the provision of 11UA of the Rules to refer the fair market value of the land as taken by the Assessing Officer as applicable to the year under consideration
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