Assessment time-barred u/s 153 due to missing competent-authority reference for Singapore exchange of information; assessment disallowed as barred by ...
Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
The article addresses valuation of share premium under s.56(2)(viib) and Rule 11UA, holding that a taxpayer may elect FMV by formulaic net asset route or by a valuer-certified Discounted Cash Flow (DCF) method and that the Assessing Officer may scrutinise, challenge assumptions, obtain an independent valuation, but may not substitute a different valuation method than the one chosen by the assessee. Applying this, wholesale rejection of a DCF valuation and replacement with NAV was an excess of jurisdiction and the addition based on NAV was deleted, with the appeal allowed.
The article addresses valuation of share premium under s.56(2)(viib) and Rule 11UA, holding that a taxpayer may elect FMV by formulaic net asset route or by a valuer-certified Discounted Cash Flow (DCF) method and that the Assessing Officer may scrutinise, challenge assumptions, obtain an independent valuation, but may not substitute a different valuation method than the one chosen by the assessee. Applying this, wholesale rejection of a DCF valuation and replacement with NAV was an excess of jurisdiction and the addition based on NAV was deleted, with the appeal allowed.
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