2018 (3) TMI 882 - AT - Income Tax

Additions u/s 56(2)(viib) r.w.r 11UA on account of undervaluation of shares - fair market value - whether the land shown by the TEPL should be taken as per the book value or as per the market value while valuing its shares? - FMV adoption - Held that - While valuing the shares the book value of the assets and liabilities declared by the TEPL should be taken into consideration. There is no whisper under the provision of 11UA of the Rules to refer the fair market value of the land as taken by the Assessing Officer as applicable to the year under consideration. Therefore, we are of the view that the share price calculated by the assessee of TEPL for ₹ 5 per shares has been determined in accordance with the provision of Rule 11UA. Therefore, we have no hesitation in reversing the order of the lower authorities. Hence, the grounds of appeal of the assessee are allowed.

Summary

Issues Involved:
Interpretation of Rule 11UA of the Income-tax Rules, 1962 in determining the value of shares acquired by the assessee.

Analysis:

Issue 1: Valuation of Shares
The assessee acquired shares of a company at a certain price per share. The Assessing Officer (AO) substituted the book value of the land with the fair market value while determining the value of the shares, resulting in an addition to the total income of the assessee. The CIT(A) confirmed the AO's order, leading to the appeal. The assessee argued that the fair market value should be based on the book value of assets as per Rule 11UA of the Rules. The AR relied on a judgment by the Bombay High Court to support this claim.

Issue 2: Interpretation of Section 56(2)(viia) of the Act
The AO determined the value of shares based on the fair market value of the land, applying Section 56(2)(viia) of the Act. The CIT(A) upheld this decision, disregarding the assessee's contention. The Tribunal analyzed the provisions of Section 56(2)(viia) and Rule 11UA, emphasizing the importance of considering the book value of assets and liabilities in valuing shares. The Tribunal concluded that the share price calculated by the assessee was in accordance with Rule 11UA, reversing the lower authorities' decision.

Judgment:
The Tribunal allowed the appeal of the assessee, finding that the valuation of shares at a certain price per share was justified under Rule 11UA. The Stay Petition filed by the assessee was dismissed as infructuous since the main appeal was decided in favor of the assessee. The decision was pronounced on 07th March 2018.