Assessee-company issued 1,42,856 equity shares at face value of Rs. 10 and for premium of Rs. 130 per share Assessee adopted DCF method to determine share premium and face value amount of shares.However, Assessing Officer discarded method adopted by assessee and he adopted net assessed liability method and determined fair market value of shares at Rs. 5.80 per share Accordingly, he made addition on account of such difference between amount of share premium as income from other sources under section 56(2)(viib). On appeal the Tribunal held that in o Pr. CIT v. Cinestaan Entertainment (P.) Ltd. [2021] 433 ITR 82 (Delhi) ((HC) it was held that since methodology adopted by assessee for valuation of shares was a recognized method of valuation and revenue was unable to show that assessee adopted a demonstrably wrong approach or that method of valuation was made on a wholly erroneous basis or assessee committed a mistake which went to root of process, Assessing Officer could not discard method of valuation of shares adopted by assessee-Whether in view of same, Assessing Officer erred in discarding DCF method of valuation of shares adopted by assessee and adopting net assessed liability method and accordingly, the addition is directed to be deleted. (AY. 2015-16, 2016-17)
Thinkstations Learning (P.) Ltd. v. ACIT (2023) 106 ITR 1 / 203 ITD 384 (Delhi) (Trib.)
S. 56 : Income from other sources-Share premium-DCF-Net assessed liability method-Assessing Officer cannot change the method of accounting. [56(2)(viib), R.11UA]