DCIT v. M. Mahadevan ( Chennai )( Trib) www.itatonline.org.

S. 56: Income from other sources – Long term capital loss -Share transfer agreement – Shares sold at an undervalued price – Related party transaction – AO claimed that the transaction was structured to avoid tax – Shares valued at upwards of Rs 19000 , per share were sold for Rs 100 per share – Valuation was not in accordance with Rule 11UA – Matter remanded back to AO for recalculating capital gains. [ S. 45 ,56(2)(vii)(b), 56(2)(x), R.11UA(1)(c)(v) ]

As  regarding the valuation of long-term capital loss claimed on the sale of shares. The ITAT agreed with the AO’s findings that the assessee sold shares at a drastically undervalued price despite the recent valuations showing much higher values. The related-party transactions, including the sale of a valuable property to assessee’s wife were done at a lower price.  However, it found that the AO’s computation method was not in line with Rule 11UA . The ITAT remanded the matter to the AO to recalculate capital gains based on the most credible valuation evidence available. (ITA Nos  1824 /1825 /1826 /Chy/2024 dt. 30 -5 -2025 )( AY. 2013-14 , 2014 -15 , 2019-20 )

 

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