Dismissing the appeal of the revenue the Tribunal held that Sale consideration disclosed in the share purchase agreement ought to be adopted for calculating long term capital gains . There is no provision in the Act authorising the Assessing Officer to refer valuation of shares transferred for the purpose of calculating capital gains . Section 50CA of the Act , inserted w.e.f ist April 2018 indicates that the prior to that date there was no provision under the Act authorising the Assessing Officer to refer for valuation of shares for the purpose of calculating capital gains. ( ITA No. 1710/ Bang /2016 dt 4 -1 -2021 ) (AY. 2012 -13)
ACIT v. Manoj Arjun Menda ( 2021) BCAJ- March .P. 38 ( Bang) (Trib)
S. 45 : Capital gains – Valuation of shares – Sale consideration disclosed in the share purchase agreement ought to be adopted for calculating long term capital gains . [ S.48 , 50CA ]