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Income Tax - Highlights / Catch Notes

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Addition of share premium u/s 56(2)(viib) - Rule 11UA(2)(b) - ...


Court Rules AO Can't Reject Independent Valuer's Report u/s 56(2)(viib) and Rule 11UA(2)(b) of Income Tax Act.

June 29, 2019

Case Laws     Income Tax     AT

Addition of share premium u/s 56(2)(viib) - Rule 11UA(2)(b) - rejection of valuation - there is no enabling provision under the Rule or the Act where AO has been given a power to tinker with the valuation report obtained by an independent valuer - if law provides the assessee to get the valuation done from a prescribed expert as per the prescribed method, then the same cannot be rejected because neither the AO nor the assessee have been recognized as expert under the law

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