ACIT v. Enterprises Business Solutions (P.) Ltd. (2019) 176 ITD 324/ 200 TTJ 268 / 179 DTR 321 (Asr.)(Trib.)

S. 56 : Income from other sources–Share premium-Fair market value of shares (FMV)- Discounted Cash Flow (DCF)–Book value- Consistently followed the method valuing the shares at discounted cash flow- Share premium cannot be taxed -Addition is deleted. [S. 56(2)(viib), R.11UA]

Assessee-company issued shares at a premium of Rs. 140 per share for face value of Rs. 10 each share by following Discounted Cash Flow’ method (DCF)   . It received Rs. 2.8 crores as share premium. Assessing Officer applied ‘Book value’ method and computed value of shares of assessee at Rs. 2.36 and ‘nil’ on 1-4-2012 and 31-3-2013, respectively and taxed share premium. CIT (A) deleted the addition. Dismissing the appeal of the revenue, the Tribunal held that for immediately succeeding year viz., assessment year 2014-15 revenue itself had accepted DCF method of valuation of shares. Allowing the appeal of the assessee the Tribunal held that in absence of any distinguishing facts, revenue could not have whimsically declined to accept method of valuation of shares for year under consideration; and Assessing Officer was incorrect in adopting an inconsistent approach of valuation. Accordingly the CIT(A) is justified in deleting the addition. (AY. 2013-14)