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    <title>1993 (10) TMI 42 - CALCUTTA High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=20065</link>
    <description>Where unquoted shares are transferred in a company with restrictive articles of association, the statutory valuation rule requiring break-up value applies as the mandatory method under the Gift-tax Act and Rules. The Court treated the prescribed rule as part of the operative valuation scheme, supported by the rule-making power and parliamentary sanction, and held that the yield method could not displace it where no impracticability in applying the asset-based approach was shown. Later legislative incorporation of the same valuation method was treated as confirming that approach. The valuation therefore had to be made on break-up value basis, and the Tribunal was not justified in rejecting the Commissioner&#039;s view.</description>
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    <pubDate>Wed, 13 Oct 1993 00:00:00 +0530</pubDate>
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      <title>1993 (10) TMI 42 - CALCUTTA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=20065</link>
      <description>Where unquoted shares are transferred in a company with restrictive articles of association, the statutory valuation rule requiring break-up value applies as the mandatory method under the Gift-tax Act and Rules. The Court treated the prescribed rule as part of the operative valuation scheme, supported by the rule-making power and parliamentary sanction, and held that the yield method could not displace it where no impracticability in applying the asset-based approach was shown. Later legislative incorporation of the same valuation method was treated as confirming that approach. The valuation therefore had to be made on break-up value basis, and the Tribunal was not justified in rejecting the Commissioner&#039;s view.</description>
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      <pubDate>Wed, 13 Oct 1993 00:00:00 +0530</pubDate>
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