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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

Valukko Infrastrusture Limited, Mumbai vs. Income Tax Officer, 11(3)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1034/MUM/2024[2011-2012]Status: DisposedITAT Mumbai01 Jan 2025AY 2011-2012

Bench: Shri Rahul Chaudhary & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 1034/Mum/2025 (नििाारण वर्ा / Assessment Year :2016-17) Danish Sheikh V/S. Ito International Tax, 18, Old Planters Road, बिाम Ward 4(2)(1) Beverly, Usa-999999 Kautilya Bhavan, 6Th Floor, Bandra (E), Mumbai- 400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Fjxps3005Q Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Pradip Kapasi राजस्व की ओर से /Revenue By: Shri Krishna Kumar, Sr. Dr.

For Appellant: Shri Pradip KapasiFor Respondent: Shri Krishna Kumar, Sr. DR
Section 148Section 148ASection 250Section 43CSection 50CSection 56(2)(vii)Section 56(2)(vil)

During the course of assessment proceedings, Ld. AO observed that the assessee had purchased the immovable property at a consideration less than the fair market value of the property, and therefore, sought to add the difference in the fair market value (Rs. 2,24,75,500/-) and the agreement value ... made certain payment at time of P a g e | 11 A.Y. 2016-17 Danish Sheikh booking of flat, stamp duty valuation or fair market value of immovable property was to be considered as on date of payment made by assessee towards booking of flat e) Sanjay Dattatraya Dapodikar

Smt. Vimla Tripathi, Kanpur vs. ITO Ward-1(2)(1), Kanpur

ITA 310/LKW/2023[2013-14]Status: DisposedITAT Lucknow31 Dec 2024AY 2013-14

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2013-14 Smt. Vimla Tripathi V. The Income Tax Officer 119/12 B-1, Darshanpurwa Ward 1(2)(1) Kanpur Kanpur Tan/Pan:Aevpt9734K (Appellant) (Respondent) Appellant By: Shri Swaran Singh, C.A. Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 02 12 2024 Date Of Pronouncement: 31 12 2024 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 11.08.2023, Passed By The Ld. Commissioner Of Income Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2013-14. 2. The Brief Facts Of The Case Are That The Assessee Filed Her Return Of Income For The Year Under Consideration On 01.01.2014, Declaring A Total Income Of Rs.1,93,140/-. As Per Information Available With The Income Tax Department, The Assessing Officer (Ao) Noticed That The Assessee, Along With Shri Siddha Kumar Tripathi, Had Purchased An Agricultural Land Admeasuring 0.6200 Hectare On 01.08.2012 For A Consideration Of Rs.12,00,000/-. The Ao Further Noticed That The Market Value Of

For Appellant: Shri Swaran Singh, C.AFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 142(1)Section 147Section 148Section 56(2)(vii)

Unnao and also Joint account with PNB, Pandu Nagar, Kanpur and copy of Sale Deed. The AO noticed that the difference between the Fair Market Value and the consideration paid by the assessee for purchase of the aforesaid agricultural land was Rs.59,30,000/- (Rs.71,30,000 – Rs.12 ... arbitrarily made by the Ld. A.O. in the income of the appellant on account of allegedly treated the difference in actual consideration and Fair Market Value for Stamp duty (1/2 of 71.30 Lacs less 12.00 Lacs) u/s 56(2)(vii)(b)(ii) as Section was applicable from 01.04.2014 and transaction