← All Phrases

“fair market value”

Capital GainsSection 55(2)Section 55(2)2,353 judgments

The decision most relied on for fair market value is Sunil Kumar Agarwal v. CIT (372 ITR 83), cited in 159 judgments on BharatTax.

Leading authorities on fair market value

Sunil Kumar Agarwal v. CIT
372 ITR 83 · 2015 · High Court
159
citing judgments

The Assessing Officer is duty-bound to refer the valuation of property to the Departmental Valuation Officer under Section 50C(2) when an assessee disputes the stamp duty valuation or if there is a discrepancy between the actual sale consideration and the guideline value. This reference is mandatory, even if not explicitly requested by the assessee, to ensure a realistic fair market value and avoid injustice.

CIT v. ITC Ltd.
236 Taxmann 612 · 2016 · High Court
108
citing judgments

When computing deduction under Section 80IA, specifically for inter-unit transfer of power, the benefit cannot be claimed based on rates chargeable by distribution licensees to consumers. The deduction must be computed based on the rate fixed by the Tariff Regulation Commission for sale by electricity generating companies.

PCIT v. Chain House International (P) Ltd.
98 Taxmann.com 47 · 2018 · High Court
104
citing judgments

The Assessing Officer cannot arbitrarily reject a share valuation report prepared by an expert using recognized methods like NAV or DCF for the purpose of Section 56(2)(viib) without providing valid reasons to demonstrate its perversity or unreasonableness.

CIT v. Puja Prints
360 ITR 697 · 2014 · High Court
88
citing judgments

The amendment to Section 55A(a) of the Income-tax Act, 1961, which replaced "is less than" with "is at variance" as the condition for referring a valuation to a Departmental Valuation Officer, does not have retrospective effect. Consequently, for periods before July 1, 2012, a DVO reference is invalid if the declared value is not "less than" the fair market value.

Vodafone M-Pesa Ltd. v. PCIT
164 DTR 257 · 2018 · High Court
69
citing judgments

An assessee has the option to choose either the Discounted Cash Flow (DCF) method or the Net Asset Value (NAV) method for share valuation under Section 56(2)(viib) read with Rule 11UA. The Assessing Officer cannot substitute the chosen method or value without identifying a specific error in the assessee's valuation.

Hiaben Jayantilal Shah v. ITO
310 ITR 31 · 2009 · High Court
66
citing judgments

When an assessee presents a registered valuer's report for an asset, the Assessing Officer, if forming an opinion that the value claimed is less than the fair market value, must refer the valuation to the Valuation Officer under Section 55A(a). The AO cannot unilaterally reject the registered valuer's report or resort to Section 55A(b) in such a scenario.

CIT v. Smt. Nilofer I. Singh
309 ITR 233 · 2009 · High Court
55
citing judgments

The full value of consideration for computing capital gains under Section 48 refers to the amount stated in the sale deed and cannot be substituted by the market value or a valuation by the DVO under Section 55A, unless there is evidence that the assessee actually received a consideration in excess of the stated amount.

CIT v. Gillanders Arbuthnot & Co.
87 ITR 407 · 1973 · Supreme Court
51
citing judgments

The "full value of the consideration" for computing capital gains under Section 48 of the Income Tax Act, 1961 (or Section 12B(2) of the 1922 Act), means the price actually bargained for and agreed to by the parties, not the market value of the asset transferred. In a sale transaction involving a price, the market value of the consideration is not relevant.

Judgments citing fair market value

M/S. Ambattur Developers Pvt. Ltd., Chennai vs. ITO, Corporate Ward-1(1), Chennai

ITA 2601/CHNY/2024[2015-16]Status: DisposedITAT Chennai11 Nov 2025AY 2015-16

Bench: Shri Manu Kumar Giri & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 2601/Chny/2024 निर्धारण वर्ष / Assessment Year: 2015-16 M/S. Ambattur Developers Private Limited, (Amalgamated With Ambattur Hotels Private Limited) No. 86/E2, Industrial Estate, Ambattur, Chennai - 600 058. Tamil Nadu. [Pan: Aaeca-7490-D] (अपीलार्थी/Appellant) Income Tax Officer, Vs. Corporate Ward- 1(1), Chennai. (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By : Shri. R. Vijayaraghavan, Advocate : Shri. Bipin, C.N., Cit सुनवाई की तारीख /Date Of Hearing घोषणा की तारीख/Date Of Pronouncement : 09.09.2025 : 11.11.2025 आदेश /Order Per S.R.Raghunatha, Am : This Appeal By The Assessee Is Filed Against The Order Of The Learned Commissioner Of Income Tax (Appeal), Nfac, Delhi, (In Short Ld.Cit(A)) For The Assessment Year 2015-16, Vide Order Dated 12.08.2024. 2. The Grounds Raised By The Assessee Are As Follows: :-2-:

For Respondent: Shri. R. Vijayaraghavan, Advocate
Section 50CSection 56(2)(vii)

respect of shares allotted at a premium of 1,767/- per share. 3) The CIT(A) / NFAC erred in estimating the Fair market value of shares at 837.24 per shares instead of Rs.1,777/- as submitted by the Appellant. 4) The CIT(A) /NFAC should have appreciated that, even under ... applicability of section 56(2)(viib) of the Act and the valuation of a running hotel with all its facilities for determining the fair market value of shares u/s.56(2)(viib) of the Act. It is imperative to understand to whom the shares are issued, the nature of shares

Deputy Commissioner of Income Tax, Central Circle-1, Ludhiana vs. Manu Gupta, Dhuri

The appeal stand dismissed

ITA 202/CHANDI/2025[2022-23]Status: DisposedITAT Chandigarh10 Nov 2025AY 2022-23

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं./ Ita No.201/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit Shri Rohit Gupta बनाम/ Central Circle-1 C/O Gupta Textile Trading Co. Vs. Ludhiana Old Anaj Mandi, Dhuri, Punjab-148024 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Acapg-4615-M (अपीलाथ"/Appellant) : (""थ" / Respondent) 2. आयकर अपील सं./ Ita No.202/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit Shri Manu Gupta बनाम/ Central Circle-1 C/O Gupta Textile Trading Co. Vs. Ludhiana Old Anaj Mandi, Dhuri, Punjab-148024 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Acapg-4616-J (अपीलाथ"/Appellant) : (""थ" / Respondent) Assessee By : Shri Sudhir Sehgal (Advocate) – Ld. Ar Revenue By : Shri Abhishek Pal Garg (Cit) -Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 28-10-2025 घोषणाकीतारीख /Date Of Pronouncement : 10/11/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. The Facts In Captioned Twin Appeals For Assessment Year (Ay) 2022-23 Are Admittedly Identical. First, We Take Up Revenue’S Appeal Ita No. 201/Chandi/2025 Which Arises Out Of An Order Of Learned

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Shri Abhishek Pal Garg (CIT) -Ld. DR (Virtual)
Section 132Section 143(3)Section 69B

measuring 144.44 Square Yards in the said project for Rs.22 Lacs from HBPL. In assessment proceedings of HBPL, it was noted that the fair market value of the residential plots / SCOs as sold by HBPL was much higher than the registered value of the said properties. By referring to assessment ... find favor with Ld. AO. Going by the search findings and in the light of statements recorded therein, Ld. AO computed fair market value of the SCO at Rs.99.27 Lacs as against its registered value of Rs.22 Lacs and added the differential of Rs.77.27 Lacs as unexplained investment

Deputy Commissioner of Income Tax, Central Circle-1, Ludhiana vs. Rohit Gupta, Dhuri

The appeal stand dismissed

ITA 201/CHANDI/2025[2022-23]Status: DisposedITAT Chandigarh10 Nov 2025AY 2022-23

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं./ Ita No.201/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit Shri Rohit Gupta बनाम/ Central Circle-1 C/O Gupta Textile Trading Co. Vs. Ludhiana Old Anaj Mandi, Dhuri, Punjab-148024 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Acapg-4615-M (अपीलाथ"/Appellant) : (""थ" / Respondent) 2. आयकर अपील सं./ Ita No.202/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit Shri Manu Gupta बनाम/ Central Circle-1 C/O Gupta Textile Trading Co. Vs. Ludhiana Old Anaj Mandi, Dhuri, Punjab-148024 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Acapg-4616-J (अपीलाथ"/Appellant) : (""थ" / Respondent) Assessee By : Shri Sudhir Sehgal (Advocate) – Ld. Ar Revenue By : Shri Abhishek Pal Garg (Cit) -Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 28-10-2025 घोषणाकीतारीख /Date Of Pronouncement : 10/11/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. The Facts In Captioned Twin Appeals For Assessment Year (Ay) 2022-23 Are Admittedly Identical. First, We Take Up Revenue’S Appeal Ita No. 201/Chandi/2025 Which Arises Out Of An Order Of Learned

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Shri Abhishek Pal Garg (CIT) -Ld. DR (Virtual)
Section 132Section 143(3)Section 69B

measuring 144.44 Square Yards in the said project for Rs.22 Lacs from HBPL. In assessment proceedings of HBPL, it was noted that the fair market value of the residential plots / SCOs as sold by HBPL was much higher than the registered value of the said properties. By referring to assessment ... find favor with Ld. AO. Going by the search findings and in the light of statements recorded therein, Ld. AO computed fair market value of the SCO at Rs.99.27 Lacs as against its registered value of Rs.22 Lacs and added the differential of Rs.77.27 Lacs as unexplained investment

Ecoenergy Insights Ltd ( Formerly Known As Chubb Alba Control Systems P.Ltd), New Delhi vs. DCIT, Circle-4(2), New Delhi

In the result, the appeal filed by the assessee is partly allowed as indicated above

ITA 2321/DEL/2022[2018-19]Status: DisposedITAT Delhi10 Nov 2025AY 2018-19

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaecoenergy Insights Ltd., Vs. Dcit, (Formerly Known As Chubb Alba Control Circle 4 (2), Systems P. Ltd.), New Delhi. Ground Floor, 18, Netaji Subhash Marg, Daryaganj, New Delhi – 110 002. (Pan :Aaaca0031C) (Appellant) (Respondent) Assessee By : Shri Nageshwar Rao, Advocate Shri Parth, Advocate Shri Pratik Rath, Advocate Revenue By : Shri S.K. Jadhav, Cit Dr Date Of Hearing : 12.08.2025 Date Of Order : 10.11.2025 O R D E R Per S. Rifaur Rahman: 1. This Appeal Preferred By The Assessees Is Directed Against The Assessment Order Dated 25.07.2022Passed By The Assessment Unit, Income Tax Department Under Section 147 Read With Section 144C(13) R.W.S. 144B Of The Income-Tax Act, 1961 (For Short ‘The Act”) For Ay 2018-19 Pursuant To The Directions Of The Dispute Resolution Panel U/S 144C(5) Of The Act.

For Appellant: Shri Nageshwar Rao, AdvocateFor Respondent: Shri S.K. Jadhav, CIT DR
Section 143(2)Section 144C(13)Section 144C(5)Section 147Section 92C

Court in matters relating to the commercial prudence of an assessee relating to valuation of an asset. The law requires determination of the fair market value as per prescribed methodology……… Since the performance did not match the projections, the Revenue sought to challenge the valuation, on that footing. This approach ... Court in matters relating to the commercial prudence of an assessee relating to valuation of an asset. The law requires determination of the fair market value as per prescribed methodology... ... .... Since the performance did 28 not match the projections, the revenue sought to challenge the valuation, on that footing. This

Yogesh Jashubhai Patel, Ahmedabad vs. The Income Tax Officer, Ward-3(4) Now Ward- 1(2)(1), Ahmedabad

In the result, both the appeals filed by the assessee are allowed

ITA 159/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad06 Nov 2025AY 2011-12

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal1. आयकर अपील सं /Ita No.158/Ahd/2023, Asst.Year 2011-12 2. आयकर अपील सं /Ita No.159/Ahd/2023, Asst.Year 2011-12 Yogesh Jashubhai Patel, The Income Tax Officer Harivallabh Society बनाम/ Ward-3(4) V/S. Naroda Now Ward-1(2)(1) Opp. Devi Cinema Ahmedabad – 380 051 Ahmedabad – 382 345 "थायी लेखा सं./Pan: Audpp 9058 L (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri C. Dharani Nath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 16/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeals Have Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 06/01/2023 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2011-2012. 2. The Assessee Has Raised The Following Grounds Of Appeal In Ita No.158/Ahd/2023:

For Appellant: Shri M.K. Patel, AdvocateFor Respondent: Shri C. Dharani Nath, Sr.DR
Section 250Section 271(1)(c)

statutorily obliged to refer the matter to the Departmental Valuation Officer (DVO) under section 55A of the Act for determination of the fair market value (FMV). In this regard, we draw support from the decision of the Hon’ble Bombay High Court in Rallis India Ltd. v. Commissioner of Income ... direct such reference. It was further held that the valuation by the DVO is a mandatory step when the Assessing Officer disputes the fair market value ITA Nos.158 & 159/Ahd/2023 Yogesh Jashubhai Patel vs. ITO Asst. Year : 2011-12 9 adopted by the assessee. Further, the ITAT Raipur Bench

Yogesh Jashubhai Patel, Ahmedabad vs. The Income Tax Officer, Ward-3(4) Now Ward- 1(2)(1), Ahmedabad

In the result, both the appeals filed by the assessee are allowed

ITA 158/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad06 Nov 2025AY 2011-12

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal1. आयकर अपील सं /Ita No.158/Ahd/2023, Asst.Year 2011-12 2. आयकर अपील सं /Ita No.159/Ahd/2023, Asst.Year 2011-12 Yogesh Jashubhai Patel, The Income Tax Officer Harivallabh Society बनाम/ Ward-3(4) V/S. Naroda Now Ward-1(2)(1) Opp. Devi Cinema Ahmedabad – 380 051 Ahmedabad – 382 345 "थायी लेखा सं./Pan: Audpp 9058 L (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri C. Dharani Nath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 16/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeals Have Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 06/01/2023 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2011-2012. 2. The Assessee Has Raised The Following Grounds Of Appeal In Ita No.158/Ahd/2023:

For Appellant: Shri M.K. Patel, AdvocateFor Respondent: Shri C. Dharani Nath, Sr.DR
Section 250Section 271(1)(c)

statutorily obliged to refer the matter to the Departmental Valuation Officer (DVO) under section 55A of the Act for determination of the fair market value (FMV). In this regard, we draw support from the decision of the Hon’ble Bombay High Court in Rallis India Ltd. v. Commissioner of Income ... direct such reference. It was further held that the valuation by the DVO is a mandatory step when the Assessing Officer disputes the fair market value ITA Nos.158 & 159/Ahd/2023 Yogesh Jashubhai Patel vs. ITO Asst. Year : 2011-12 9 adopted by the assessee. Further, the ITAT Raipur Bench