Assessee-company is engaged in business of real estate. During year, assessee allotted equity shares to certain companies at issue price of Rs. 75 per share comprising face value of Rs. 10 per share and premium of Rs. 65 per share. In relation to allotment of share, assessee submitted that it had obtained valuation report from a valuer which was submitted before Assessing Officer during course of assessment proceedings.Assessing Officer rejected said valuation report and calculated fair market value of equity shares as per net asset value method and made addition of balance amount. CIT(A) up held the order of the AO. On appeal the Tribunal held that change of method of valuation could not be done by Assessing Officer. No addition could be made under section 56(2)(viib) in case of genuine commercial transaction in absence of any amount of unaccounted money of assessee. Both revenue authorities had not rejected valuation report duly prepared under rule 11UA. Therefore, addition made by Assessing Officer is deleted. (AY. 2016-17)
PRL Developers (P.) Ltd. v. ACIT (2024) 207 ITD 753 (Mum) (Trib.)
S. 56 : Income from other sources-Share premium-Real estate-Assessing Officer had not rejected valuation report duly prepared under rule 11UA-Addition is deleted.[S.56(2)(viib), R.11UA]
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