Assessee-company raised funds by issuing certain share at premium Lower authorities enhanced income of assessee under head income from other sources by applying section 56(2)(viib) on protective basis by rejecting valuation report furnished under rule 11UA(2)(b) i.e. Discounted Cash Flow Method (DCF Method). On appeal the Tribunal held that the assessee had provided valuation report of Chartered Accountant as per rule 11UA(2)(b) of IT Rules and arrived value of each share calculating same as per Discount Cash Flow Method. If law provides assessee to get valuation done from a prescribed expert as per prescribed method, then same cannot be rejected because neither Assessing Officer nor assessee have been recognized as expert under law. Therefore, Commissioner (Appeals) committed an error in rejecting valuation done by assessee from prescribed expert as per prescribed method, which ultimately resulted in enhancement of income and accordingly the same is deleted. (AY. 2016-17)
Shanta Blankets (P.) Ltd. v. ITO (2024) 206 ITD 715 (Delhi) (Trib.)
S. 56 : Income from other sources-Share premium-Valued as per Rule 11UA(2)(b)-Discount Cash Flow Method (DCF)-The rejection of valuation is set aside. [S. 56(2)(viib), R.11UA]
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