Innoviti Payment Solutions Pvt. Ltd. v. ITO

102 Taxmann.com 59Income Tax Appellate Tribunal2019#3425 most cited

What is Innoviti Payment Solutions Pvt. Ltd. v. ITO authority for?

The Assessing Officer (AO) cannot discard the Discounted Cash Flow (DCF) method for share valuation if the assessee opts for it as per Rule 11UA(2). The AO must record reasons for not accepting the assessee's valuation report and obtain a fresh report before proceeding with their own valuation, but cannot change the method chosen by the assessee.

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judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2020 to 2026.

Also referred to as

Innoviti Payment Solutions Pvt. Ltd. v. ITO · Rule 11UA(2) · DCF method · NAV method · valuation of shares · AO cannot discard DCF method · assessee opted for DCF method · rejection of valuation report

Issues it is cited on

Judgments citing Innoviti Payment Solutions Pvt. Ltd. v. ITO

THE JCIT (OSD), CIRCLE-2(1)(1), AHMEDABAD vs. M/S. MAGNET BUILDTECH P. LTD, AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed

ITA 489/AHD/2020[2016-17]Status: DisposedITAT Ahmedabad25 Jul 2024AY 2016-17

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.489/Ahd/2020 "नधा"रण वष" /Assessment Year : 2016-17 The Jcit (Osd) M/S. Magnet Buildtech Pvt.Ltd. Circle-2(1)(1) बनाम/ 906-907, Indraprasth Corporate Ahmedabad Opp. Venus Atlantis V/S. Anand Nagar Road Ahmedabad – 380 015 "थायी लेखा सं./Pan: Aaicm 4158 J (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Vartik Chokshi & Shri Dhrunal Bhatt, Ars Revenue By : Shri Kamlesh Makwana, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 23/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 25/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Revenue Against The Order Dated 09/07/2020 Passed By The Commissioner Of Income Tax (Appeals)-32, New Delhi [Hereinafter Referred To As “Cit(A)” In Short] Arising Out Of The Assessment Order Dated 11/12/2018 Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Relevant To The Assessment Year (Ay) 2016-17. The Jcit (Osd) Vs. M/S.Magnet Buildtech Pvt.Ltd. Asst. Year : 2016-17

For Appellant: Shri Vartik Chokshi &For Respondent: Shri Kamlesh Makwana, CIT-DR
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 56(2)(viib)

…n accordance with the prescribed provisions of law. I have considered the decision cited by the AR the view taken by the Ld CIT(A) has been supported by various ITATs. The ITAT, Bangalore Bench in the case of Innovit Payment Solutions Pvt. Ltd., v. ITO [2019] 102 Taxmann.com 59 has held as follows: “14. In nutshell, our conclusions are as under:- (1) The AO can scrutinize the valuation report and the if the AO is not satisfied with the explanation of the assessee, he has to record the reasons and basis for not accepting the valuation report submitted by the assessee and only thereafter, he can go for own valuat…

M/S. WATERLINE HOTELS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 7(1)(2), BANGALORE

In the result, the appeal by the assessee is allowed

ITA 388/BANG/2020[2013-14]Status: DisposedITAT Bangalore13 Sept 2022AY 2013-14

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sassessment Year : 2013-14 Waterline Hotels Pvt. Ltd., Vs. The Deputy Commissioner 10Th Floor, Gamma Block, Of Income Tax, Sigma Soft Tech Park No.07, Circle 7(1)(2), Airport Varthur Road, Bangalore. Whitefield, Bangalore – 560 066. Pan: Aaacw 8059N Appellant Respondent Appellant By : Shri Pranav Krishna, Advocate Respondent By : Shri V S Chakrapani, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 29.08.2022 Date Of Pronouncement : 13.09.2022 O R D E R Per Padmavathy S.This Appeal By The Assessee Is Against The Order Of The Cit(Appeals)-7, Bengaluru Dated 27.3.2019 For The Assessment Year 2013-14. 2. The Assessee Has Raised 18 Grounds Pertaining To The Following Issues:- Page 2 Of 20

For Appellant: Shri Pranav Krishna, AdvocateFor Respondent: Shri V S Chakrapani, CIT(DR)(ITAT), Bengaluru
Section 143(2)Section 271Section 40Section 56(2)(viib)

…ang/2019 order dated 12-06-2020, after relying on the decision of the Hon’ble Bombay High Court in the case of Vodafone MPesa Ltd Vs Pr.CIT 164 DTR 257 and decision of the ITAT, Bangalore Bench in the case of Innoviti Payment Solutions Pvt. Ltd., Vs ITO(2019) 102 Taxmann.com 59 held as follows:- “9. We have considered the rival submissions. First of all, we reproduce paras 11 to 14 from the Tribunal order cited by learned AR of the assessee having been rendered in the case of Innoviti Payment Solutions Pvt. Ltd., Vs. ITO (supra). These paras are as follows: "11. As per various tribunal orders cited by the learne…

M/S. TOWN ESSENTIAL PRIVATE LIMITED,BANGALORE vs. COMMISSIONER OF INCOME TAX (APPEALS)- 7, BANGALORE

In the result, the appeal is allowed for statistical purposes

ITA 139/BANG/2020[2016-17]Status: DisposedITAT Bangalore30 Jun 2021AY 2016-17

Bench: Shri N.V. Vasudevan & Shri B R Baskaranassessment Year : 2016-17 M/S. Town Essential Private Limited, Vs. The Commissioner Of Income Tax 54/1, Industrial Suburb, (Appeals)-7, Yeshwanthpur, Bengaluru. Bengaluru – 560 022. Pan : Aabct 4200 D Appellant Respondent Appellant By : None (Adjournment Request Refused) Respondent By : Shri Kannan Narayanan, Jt.Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 24.06.2021 Date Of Pronouncement : 30.06.2021 O R D E R Per N.V. Vasudevanthis Appeal By The Assessee Is Against The Order Of The Commissioner Of Income Tax (Appeals)–7, Bangalore, Dated 29.11.2019 In Relation To Assessment Year 2016-17. 2. The Only Issue Involved In The Appeal Is As To Whether The Revenue Authorities Were Justified In Invoking Provisions Of Section 56(2)(Viib) Of The Income Tax Act, 1961 (The Act) & Bringing To Tax The Difference Between The Fair Market Value & The Issue Price Of Shares At A Premium As Income Of The Assessee. Section 21 Clause (B) Of Finance Act, 2012 Introduced Sec.56(2)(Viib) Of The Act With Effect From The 1St Day Of April, 2013 & The Said Provisions Reads Thus:-

For Appellant: None (Adjournment request refused)For Respondent: Shri Kannan Narayanan, Jt.CIT(DR)(ITAT), Bengaluru
Section 10Section 14Section 21Section 56(2)(viib)

…g/2019 order dated 12-06-2020, after relying on the decision of the Hon’ble Bombay High Court in the case of Vodafone M- Pesa Ltd Vs Pr.CIT 164 DTR 257 and decision of the ITAT, Bangalore Bench in the case of Innoviti Payment Solutions Pvt. Ltd., Vs ITO(2019) 102 Taxmann.com 59 held as follows:- “9. We have considered the rival submissions. First of all, we reproduce paras 11 to 14 from the Tribunal order cited by learned AR of the assessee having been rendered in the case of Innoviti Payment Solutions Pvt. Ltd., Vs. ITO (supra). These paras are as follows: "11. As per various tribunal orders cited by the learn…

M/S. UKN HOSPITALITY PRIVATE LIMITED,BANGALORE vs. INCOME TAX OFFICER, WARD- 7(1)(2), BENGALURU

In the result, the appeal is allowed for statistical purposes

ITA 2170/BANG/2019[2013-14]Status: DisposedITAT Bangalore30 Jun 2021AY 2013-14

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year : 2013-14 M/S. Ukn Hospitality Private Limited, Vs. Income Tax Officer, 10Th Floor, Gamma Block, Sigma Soft Tech Ward – 7(1)(2), Park, No.7, Airport Varthur Road, Bengaluru. Whitefield Main Road, Bengaluru – 560 066. Pan : Aaacu 8470 B Appellant Respondent Appellant By : Shri S. V. Ravishankar Advocate Respondent By : Shri Kannan Narayanan, Jt.Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 24.06.2021 Date Of Pronouncement : 30.06.2021 O R D E R Per N.V. Vasudevanthis Appeal By The Assessee Is Against The Order Of The Commissioner Of Income Tax (Appeals)–10, Bangalore, Dated 8.3.2019 In Relation To Assessment Year 2013-14. 2. There Is A Delay Of About 132 Days In Filing This Appeal By The Assessee. The Reasons For The Delay Is Owing To The Fact That Mr.K.Ravindran, The Group Cfo & Director Who Was Handling The Matter Did Not Bring To The Notice Of The Group Chairman About The Impugned Order. Mr.K.Ravindran Was Made To Resign As Director Due To Various Issues & He Stopped Attending Office Since April, 2019. The Chartered Account Who Appeared Before Cit(A) In A Meeting With The Officials On Page 2 Of 12 30.9.2019 Found That No Action Had Been Taken Against The Impugned Order & Thereafter The Appeal Had Been Filed.

For Appellant: Shri S. V. Ravishankar AdvocateFor Respondent: Shri Kannan Narayanan, Jt.CIT(DR)(ITAT), Bengaluru
Section 10Section 14Section 21Section 56(2)(viib)

…2020, the Tribunal after relying on the decision of the Hon’ble Bombay Page 6 of 12 High Court in the case of Vodafone M-Pesa Ltd Vs Pr.CIT 164 DTR 257 and decision of the ITAT, Bangalore Bench in the case of Innoviti Payment Solutions Pvt. Ltd., Vs ITO(2019) 102 Taxmann.com 59 held as follows:- “9. We have considered the rival submissions. First of all, we reproduce paras 11 to 14 from the Tribunal order cited by learned AR of the assessee having been rendered in the case of Innoviti Payment Solutions Pvt. Ltd., Vs. ITO (supra). These paras are as follows: "11. As per various tribunal orders cited by the learn…

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