ACIT v. Lifestyle Probuild (P.) Ltd. (2023) 203 ITD 585 (Delhi) (Trib.)

S. 56 : Income from other sources-Allotment of shares at a premium-DCF method-Valuation report of Chartered Accountant-Addition deleted by the CIT(A) is affirmed. [56(2)(viib), R.11U, 11UA]

Assessee-company had allotted equity shares at a premium. It had valued same on basis of DCF method supported with valuation report prepared by Chartered Accountant. Assessing Officer rejecting valuation made by assessee made an addition under section 56(2)(viib) applying book value method. CIT(A) deleted the addition.  On appeal Tribunal following the order in    Dy. CIT v. Kilitch Healthcare India Ltd. [IT Appeal No. 7061 (Mum) of 2019, order dated 22-3-2022] had held that if method adopted by assessee was in accordance with rules contained in Explanation (a)(i) to section 56(2)(viib) by obtaining a report from a merchant banker or an accountant, Assessing Officer cannot disregard same without cogent reasoning. Order of CIT(A) is affirmed.  (AY. 2015-16)