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2020 (12) TMI 667 - AT - Income TaxAddition of share premium u/s 56(2)(viib) - Determining value of shares - HELD THAT - AO has proceeded to determine the value of shares by adopting different method without scrutinizing the valuation report furnished by the assessee under DCF method. Accordingly, following the decisions rendered by the co-ordinate benches, we set aside the orders passed by Ld CIT(A) and restore the impugned issue to the file of the AO with the direction to examine this afresh as per the directions given by the co-ordinate bench in the case of Innoviti Payment Solutions P Ltd 2019 (1) TMI 688 - ITAT BANGALORE - Appeal of the assessee is treated as allowed.
Issues Involved:
1. Validity of the addition of share premium amount under Section 56(2)(viib) of the Income-tax Act, 1961. 2. Method of valuation of shares and the scrutiny of the valuation report. Issue-Wise Detailed Analysis: 1. Validity of the Addition of Share Premium Amount under Section 56(2)(viib) of the Income-tax Act, 1961: The assessee challenged the order dated 03-12-2019 by CIT(A)-3, Bengaluru, confirming the addition of ?3,74,90,118/- made by the AO under Section 56(2)(viib) of the Income-tax Act, 1961. The assessee company issued 20,304 equity shares at ?2,100.10 per share, collecting a share premium of ?4.24 crores. The valuation was supported by a report using the Discounted Cash Flow (DCF) method. However, the AO rejected this report, claiming it was based on projected financial statements that deviated significantly from actual financials. The AO then valued the shares using the Net Asset Value (NAV) method, determining the value at ?253.56 per share and assessing the excess premium as income. 2. Method of Valuation of Shares and the Scrutiny of the Valuation Report: The core issue was the method of valuation of shares. The AO adopted the NAV method instead of the DCF method used by the assessee. The Tribunal noted that the DCF method is recognized under Rule 11UA of the I.T. Rules and that the AO should not discard it without proper scrutiny. The Tribunal referenced several cases, including Innoviti Payment Solutions Pvt. Ltd. vs. ITO and Vodafone M Pesa Ltd vs. PCIT, where it was established that the AO must scrutinize the DCF valuation report and, if necessary, obtain a fresh valuation from an independent valuer but cannot change the method opted by the assessee. Detailed Analysis: The Tribunal emphasized the importance of the DCF method, as chosen by the assessee, and criticized the AO for not examining the valuation report properly. It was highlighted that the AO's role is to scrutinize the report and, if needed, confront the assessee with a fresh valuation based on the DCF method. The Tribunal cited the decision in Innoviti Payment Solutions Pvt. Ltd., where it was held that the AO should follow the DCF method and not switch to another valuation method. The Tribunal also referenced the Hon’ble Bombay High Court's decision in Vodafone M Pesa Ltd vs. PCIT, which reinforced that the AO must scrutinize the DCF valuation and cannot change the valuation method chosen by the assessee. The Tribunal reiterated that the primary onus to prove the correctness of the valuation report lies with the assessee, who must justify the projections and assumptions made in the DCF method. The Tribunal set aside the orders of the CIT(A) and restored the matter to the AO for fresh examination, adhering to the principles laid out in the referenced cases. The AO was directed to scrutinize the valuation report under the DCF method and, if necessary, obtain a fresh valuation from an independent valuer, but without changing the valuation method. Conclusion: The appeal was allowed for statistical purposes, with the Tribunal directing the AO to re-examine the valuation report under the DCF method and not to adopt a different valuation method. The Tribunal's decision underscores the necessity for the AO to follow the method chosen by the assessee and to scrutinize the valuation report thoroughly before making any additions under Section 56(2)(viib) of the Income-tax Act, 1961.
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