Vinayaka Microns (India) P. Ltd. v. PCIT (2021)92 ITR 5 (SN) (Jaipur)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Valuation report from Merchant Banker-Fair market value higher than price at which shares issued-Order not erroneous. [S. 56(2)(viib), R. 11UA(2)]

Held that the assessee obtained and submitted a report from a merchant banker who is equally qualified to issue such valuation report under rule 11UA(2) and who had determined the fair market value of the shares at Rs. 219.50 per share which was still higher than the value at which the shares were issued by the assessee the order passed by the Assessing Officer could not be held prejudicial to the interests of the Revenue which was an essential condition for invocation of jurisdiction under section 263 of the Act. The order passed by the Principal Commissioner under section 263 was not sustainable. The order passed by the Assessing Officer was to be sustained. (AY.2016-17)