Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

AO Cannot Reject Assessee’s Chosen Rule 11UA Valuation Without Defect: ITAT Delhi

Case Law Details

TaxGuru Citation
2026 taxguru.in 8884
Case Name
ITO Vs Appealing Infrastructure Pvt. Ltd. (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2015-16
Advertisement


ITO Vs Appealing Infrastructure Pvt. Ltd. (ITAT Delhi)

Material Facts

The Revenue appealed against the order of the Commissioner of Income Tax (Appeals) dated 07.12.2018 deleting an addition of ₹1,63,35,000 made by the Assessing Officer (AO) under Section 56(2)(viib) of the Income-tax Act, 1961. The assessee, engaged in construction activities, had filed its return declaring nil income. During the relevant year, it allotted 16,510 optionally convertible preference shares of face value ₹10 each at a premium of ₹990 per share to three investors. The share application money of ₹1.65 crore had been received in Financial Year 2010-11, whereas the shares were allotted during the year under consideration. The assessee submitted a valuation report dated 20.03.2015 prepared under Rule 11UA valuing the shares at ₹1,000 per share. The AO rejected the valuation on the ground that the company’s net worth was negative and treated the premium of ₹1,63,35,000 as income under Section 56(2)(viib).

Procedural History

The CIT(A) deleted the addition, holding that the consideration for the shares had been received in Financial Year 2010-11, whereas Section 56(2)(viib), effective from 01.04.2013, was not applicable to that receipt. The Revenue challenged this order before the Income Tax Appellate Tribunal.

Legal Issues

The Tribunal considered:

  • Whether Section 56(2)(viib) applied in the year of allotment of shares where the share application money had been received in Financial Year 2010-11.
  • Whether the Assessing Officer was entitled to reject the valuation report furnished by the assessee under Rule 11UA and adopt a different method of valuation.

Relevant Statutory Provisions

Parties’ Submissions

Paid content

Become a Basic or Premium Member, or log in if you are already a Basic or Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,653

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.