Cinestaan Entertainment (P) Ltd. v. ITO (2019) 180 DTR 65 / 200 TTJ 459 ( Delhi)(Trib.) Editorial : Affirmed in PCIT v. Cinestaan Entertainment Pvt. Ltd. (2021) 433 ITR 82/ 199 DTR 345/ 320 CTR 381 (Delhi) (HC)

S. 56 : Income from other sources–Shares issued at premium-DCF method-Commercial expediency has to be seen from point of view of businessman – Addition is held to be not justified. [R. 11UA(2)]

Tribunal held that as per clause (i) of the Explanation to section 56 the FMV is to be determined in accordance with such method as may be prescribed.  The method to determine the FMV is further provided in rule 11UA(2). The assessee has an option to do the valuation and determine the fair market value either on DCF Method or NAV Method.  The assessee being a ‘start-up company’ having lot of projects in hand had adopted DCF method to value its shares. If the statute provides that the valuation has to be done as per the prescribed method and one of the prescribed methods has been adopted by the assessee, then Assessing Officer has to accept the same and in case he is not satisfied, then there is no express provision under the Act or rules, where Assessing Officer can adopt his own valuation in DCF method or get it valued by some different Valuer.  Accordingly, appeal of the Assessee was allowed and the addition was deleted.   (AY.  2015-16)