1988 (12) TMI 93

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..... reads thus : "Whether, in the absence of any specific rule under the Gift-tax Act providing for the manner of valuation of unquoted equity shares, the Tribunal was in error in looking into rule ID of the Wealth-tax Rules, 1957, as a guide for the purposes of ascertaining, in accordance with the recognised break-up method of valuation of shares, the market value of unquoted equity shares, of Sura .....

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..... 6) of the Wealth-tax Act, 1957, in the case of the Trustees of Maithili Family Trust for the assessment year 1967-68. The departmental authorities as well as the Tribunal held that the fair market value of the unquoted shares was required to be computed in accordance with rule ID of the Wealth-tax Rules. In so doing, the Tribunal distinguished the Supreme Court decision in the case of CWT v. Mahad .....

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..... nt. He pointed out that following its said decision, the Supreme Court, in a recent decision in CGT v. Smt. Kusumben D. Mahadevia [1980] 122 ITR 38, in terms, held that in the case of a company shares of which are not quoted at the stock exchange, shares need not be valued on the break-up method in terms of rule 1 D of the Wealth-tax Rules, if the company is a going concern. It was held that the p .....

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