Lalithaa Jewellery Mart (P.) Ltd. v. ACIT (2019) 178 ITD 503 / 73 ITR 532/ 182 DTR 337 / 201 TTJ 1123 (Chennai)(Trib.)

S. 56 : Income from other sources–Shares at premium-Valuation of shares–FMV of shares was estimated after considering intangible assets like goodwill, know-how, patents, copyrights, trademarks, licences, franchises, etc-Re valuation of shares by the AO is held to be not justified. [S. 52(viib)]

Assessee issued shares having face value of Rs.10 per share at premium of Rs.1590 per share. The AO held that, share premium was much higher than value estimated under rule 11UA and therefore he determined excess amount as income of assessee u/s. 56(2)(viib) of the Act. On appeal Tribunal held that, FMV of shares was estimated after considering intangible assets like goodwill, know-how, patents, copyrights, trademarks, licences, franchises, etc. AO had not found any specific fault in valuation of shares made by assessee. When the AO has not found any defect or error in the valuation of shares by the assessee-company, it may not be necessary to apply the method of valuation prescribed under rule 11UA. Hence, revaluation of shares by the AO under rule 11UA was unjustified. (AY. 2013-14,  2015-16)