The Fact That Company is Loss-Making Does Not Mean That Shares Cannot Be Allotted At Premium: ITAT Delhi

The Fact That Company is Loss-Making Does Not Mean That Shares Cannot Be Allotted At Premium: ITAT Delhi

In the case of India Today Online Pvt. Ltd vs ITO, ITAT Delhi has held that:

Rule 11UA will apply only if option is exercised in sub-clause (i), but if the assessee has been able to substantiate the fair market value in terms of sub-clause (ii), then valuation done by the assessee cannot be rejected simply on the ground that it does not stand the test of method provided in 11U and 11UA. Here the assessee has been able to show that the aggregate consideration received and the shares which were issued does not exceed FMV and has demonstrated the value as contemplated in Explanation (a) and therefore, the working of the assessee as per Explanation (a) sub clause (ii) has to be accepted. Section 56(2)(viib) provides for fair market value to be opted whichever is higher either under sub-clause (i) or sub-clause (ii). Since the working of FMV so substantiated by assessee company as per sub-clause (ii) is higher than value prescribed u/s 11UA, then same should be adopted for the purpose of valuation of the shares of the assessee company.

To Download the Order, Please Click Here

Dhanraj Sharma

Dhanraj Sharma is CEO of Tax Concept. He is on a Mission to Educate and Empower 10,000+ Professionals across the Country.

    Leave a Reply

    Your email address will not be published. Required fields are marked *

    Social profiles