Addition u/s 56(2)(vii)(b) - share premium - The valuation is a ...

High Court Upholds ITAT's Decision on Share Premium Valuation u/s 56(2)(vii)(b); No Flaws Found in Method Used.

March 6, 2021

Case Laws     Income Tax     HC

Addition u/s 56(2)(vii)(b) - share premium - The valuation is a question of fact which would depend upon appreciation of material or evidence. The methodology adopted by the Respondent-Assessee, accepted by the learned ITAT, is a conclusion of fact drawn on the basis of material and facts available. The test laid down by the Courts for interfering with the findings of a valuer is not satisfied in the present case, as the Respondent-Assessee adopted a recognized method of valuation and Appellant-Revenue is unable to show that the assessee adopted a demonstrably wrong approach, or that the method of valuation was made on a wholly erroneous basis, or that it committed a mistake which goes to the root of the valuation process. - HC

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