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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

Vikas Jain, Kanpur vs. ACIT-CC 2(1)(1), Kanpur

In the result, the appeal of the assessee is partly allowed

ITA 434/LKW/2024[2015-16]Status: DisposedITAT Lucknow31 Dec 2025AY 2015-16

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2015-16 Vikas Jain, Vs. The Acit, H-2/1, Kidwai Nagar, Kanpur- Circle 2(1)(1), Kanpur 208001 208006 Pan: Abqpj8049R (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 07.10.2025 Date Of Pronouncement: 31.12.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac On 17.05.2024 Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Order Passed By The Ld. Assessing Officer Under Section 147 R.W.S. 143(3) For The A.Y. 2015-16 On 27.12.2018. The Grounds Of Appeal Are As Under:- “01. Because There Being No Reason To Believe, Far From There Being Any Material To Form Reasons To Believe, The Proceedings Initiated Right From Issue Of Notice U/S. 148 & The Re-Assessment Framed Thereof Are All Without Jurisdiction Bad In Law, The Order Passed Be Quashed. 02. Because The So-Called Reasons Having Been Recorded Applying Explanation 2(A) To Section 147, Of The Act Which Not Being Applicable, The Very Reason To Believe Being Contrary To The Mandate Of The Section, The Proceedings- Initiated U/S 148, The Reassessment Framed Are All Contrary To The Provisions Of Law, Be Quashed. 03. Because The Approval Given By The Competent Authority U/S 151, Being Mechanical In Nature Without Verification Of Facts, The Notice Issued U/S 148 & The Reassessment Framed Thereafter Be Quashed.

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Sh. Amit Kumar, DR
Section 143(1)Section 147Section 148Section 151Section 156Section 48Section 50C

value of Rs. 42,12,000/- as evidenced in the sale deed of the property under reference was the only and the actual fair market value of the property and nothing over and above the said value could be treated as fair market value of the property, as the assessee ... Vikas Jain A.Y. 2015-16 been duly declared in the return of income and could not be substituted by any other fair market value. It was further submitted that only for execution of the sale deed under reference, Reliance Industries Limited had surrendered the lease hold rights of the property

Jyoti Embroidery Private Limited, Mumbai vs. Income Tax Officer Ward 10(2)(1), Mumbai

In the result, assessee’s appeal is allowed

ITA 5637/MUM/2025[2013-14]Status: DisposedITAT Mumbai24 Dec 2025AY 2013-14

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2013-14 Jyoti Embroidery Private Income Tax Officer, Limited, Ward 10 (2)(1), V1-0 Vara’S House, 1St Aaykar Bhavan, M.K. Road, Vs. Ganeshwadi, Ground Floor, Mumbai – 400020. Near Mj Market, Zaveri Bazar, Mumbai – 400002 Pan – Aaacj 0872 G (Appellant) (Respondent) Present For: Assessee By : Shri Dharan Gandhi, Ld. Ar Revenue By : Ms. Kavitha Kaushik, Ld. Sr. Dr Date Of Hearing : 04.11.2025 Date Of Pronouncement : 24.12.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 28.07.2025 Impugned Herein Passed By The National Faceless Appeal Center (Ld. Commissioner Of Income Tax (Appeals) (For Short Ld. Commissioner) Under Section 250 Of The Income Tax Act, 1961 (For Short The ‘Act’) For The Ay 2013-14. 2. In The Instant Case, The Assessee Has Sold A Land To M/S. Yogeshwar Farms Private Limited For A Sale Consideration Of Rs. 2,15,00,000/- & Claimed The Long Term Capital Gain Of Rs. 1,58,00,000/- In The Return Of Income Filed On Dated 28Th September, 2013, Declaring Total Income Of Rs. 1,57,50,330/-. The Ao Considered The Said Claim Of The Assessee & Ultimately Found That The Stamp Duty Value Of The Property Is Of 2 Jyoti Embroidery Private Limited Rs.387,39,000/- & The Assessee Has Sold The Property For Rs.2,15,00,000/- I.E. Less Than The Value Adopted Or Assessed By The Valuation Authorities Of The State Government & Therefore He Vide Assessment Order Dated 25.09.2017 Under Section 143 (3) Read With Under Section 147 Of The Act, Ultimately Made The Addition Of Rs. 1,72,39,000/- Being Differential Amount Between The Stamp Duty Valuation & The Value Declared By The Assessee.

For Appellant: Shri Dharan Gandhi, Ld. ARFor Respondent: Ms. Kavitha Kaushik, Ld. SR. DR
Section 143Section 147Section 250Section 55

along with annexures 1 and 2, on the basis of valuation and sale instances, estimating the fair market value of the property under consideration to the tune of Rs. 2,17,78,000/- and thereafter vide final valuation report dated 22-11-2019, reiterated the value of the property