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“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

Sterling Holiday Resorts Limited, Tamil Nadu vs. Deputy Commissioner of Income Tax 2(3)(1), Mumbai

In the result the appeal filed by the assessee stands partly allowed for statistical purposes and appeal filed by the revenue stands dismissed

ITA 844/MUM/2024[2018-19]Status: DisposedITAT Mumbai04 Apr 2025AY 2018-19

Bench: Shri Sandeep Gosain & Smt. Renu Jauhristerling Holiday Resorts Ltd Vs. Dcit – Circle 2(3)(1) 236, 4Th Floor, Purva Room No. 552, 5Th Primus, Okkiyampettai, Old Floor, Aayakar Bhavan, Mahabalipuram Road, Mk Road, New Marine Thoraipakkam, Chennai, Lines, Mumbai – 400 Tamil Nadu – 600 097. 020 Pan/Gir No. Aabct7079G (Applicant) (Respondent) Acit – Circle 2(3)(1) Vs. Sterling Holiday Resorts Room No. 552, 5Th Floor, Ltd Aayakar Bhavan, Mk 236, 4Th Floor, Purva Road, New Marine Lines, Primus, Okkiyampettai, Mumbai – 400 020 Old Mahabalipuram Road, Thoraipakkam, Chennai, Tamil Nadu – 600 097. Pan/Gir No. Aabct7079G (Applicant) (Respondent)

Section 250Section 48Section 55(2)(b)

appreciating the fact that the appellant company had exercised the option under section 55(2)(b) of the Act and substituted fair market value of land as on 1 April 2001 as cost of acquisition. 3.3. Based on the facts and circumstances of the case ... follow the provisions of section 48 read with section 55(2)(b) of the Act which provides for indexing the actual cost or fair market value as on 1 April 2001 whichever is higher should be considered. 3.5. On the facts and in the circumstances of the case