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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

Finquest Financial Solutions Pvt Ltd, Mumbai vs. DCIT, CC-3(4), Mumbai

In the result, both the appeals of the assessee for AY

ITA 734/MUM/2023[2017-18]Status: DisposedITAT Mumbai28 Jun 2023AY 2017-18

Bench: Shri Aby T. Varkey, Jm & Ms. Padmavathy S, Am आयकर अपील सं/ I.T.A. No.733/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2018-19) आयकर अपील सं/ I.T.A. No.734/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Finquest Financial Solutions बिधम/ Deputy Commissioner Of Pvt. Ltd. Income Tax, Cc-3(4), Vs. 602, 6Th Floor, Boston Room No.1915, 19Th House, Suren Road, Floor, Air India Building, Andheri (E), Nariman Point, Mumbai-400 093 Mumbai-400 021 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacf8117G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri V. G. Ginde & Kumar Kale Revenue By: Shri Ankush Kapoor, Cit-Dr सुनवाई की तारीख / Date Of Hearing: 07/06/2023 घोषणा की तारीख /Date Of Pronouncement: 28/06/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax Appeals-51, Mumbai [Hereinafter Referred To As The “Ld. Cit(A)”] Dated 16.01.2023, For Ay. 2018-19 & Ay. 2017-18 Respectively. 2. As Per The Request Of The Ld. Authorized Representative (Ar) Of The Assessee, First Of All, We Will Adjudicate The Appeal For Ay. 2018-19 First. 3. At The Outset, The Ld. Ar Does Not Press Ground No. 1 Which Is Against The Action Of The Ld. Cit(A) Confirming The Addition Of Rs.19,25,000/- Made By The Assessing Officer (Ao), Being Disallowance Of Fees Paid To The Roc. Therefore, This Ground Of Appeal Of Assessee Stands Dismissed. (Ay. 2018-19 & Ay. 2017-18) Finquest Financial Solutions Pvt. Ltd.

For Appellant: Shri V. G. Ginde & Kumar KaleFor Respondent: Shri Ankush Kapoor, CIT-DR
Section 132Section 143(3)Section 153ASection 69B

furnished any detailed working of the capital gains so claimed with any documentary evidence. No documentary evidence has been furnished regarding either the Fair Market Value of the capital asset transferred or the cost of acquisition. Before accepting any claim of enhancement of cost of acquisition, the adjudicating authority would ... first see the cost of acquisition and how it has been derived. Similarly, for computing the capital gains, documentary evidence regarding the fair market value of (AY. 2018-19 & AY. 2017-18) Finquest Financial Solutions Pvt. Ltd. the asset claimed to have been transferred would have to be looked into

Finquest Financial Solutions Pvt Ltd, Mumbai vs. DCIT, CC-3(4), Mumbai

In the result, both the appeals of the assessee for AY

ITA 733/MUM/2023[2018-19]Status: DisposedITAT Mumbai28 Jun 2023AY 2018-19

Bench: Shri Aby T. Varkey, Jm & Ms. Padmavathy S, Am आयकर अपील सं/ I.T.A. No.733/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2018-19) आयकर अपील सं/ I.T.A. No.734/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Finquest Financial Solutions बिधम/ Deputy Commissioner Of Pvt. Ltd. Income Tax, Cc-3(4), Vs. 602, 6Th Floor, Boston Room No.1915, 19Th House, Suren Road, Floor, Air India Building, Andheri (E), Nariman Point, Mumbai-400 093 Mumbai-400 021 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacf8117G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri V. G. Ginde & Kumar Kale Revenue By: Shri Ankush Kapoor, Cit-Dr सुनवाई की तारीख / Date Of Hearing: 07/06/2023 घोषणा की तारीख /Date Of Pronouncement: 28/06/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax Appeals-51, Mumbai [Hereinafter Referred To As The “Ld. Cit(A)”] Dated 16.01.2023, For Ay. 2018-19 & Ay. 2017-18 Respectively. 2. As Per The Request Of The Ld. Authorized Representative (Ar) Of The Assessee, First Of All, We Will Adjudicate The Appeal For Ay. 2018-19 First. 3. At The Outset, The Ld. Ar Does Not Press Ground No. 1 Which Is Against The Action Of The Ld. Cit(A) Confirming The Addition Of Rs.19,25,000/- Made By The Assessing Officer (Ao), Being Disallowance Of Fees Paid To The Roc. Therefore, This Ground Of Appeal Of Assessee Stands Dismissed. (Ay. 2018-19 & Ay. 2017-18) Finquest Financial Solutions Pvt. Ltd.

For Appellant: Shri V. G. Ginde & Kumar KaleFor Respondent: Shri Ankush Kapoor, CIT-DR
Section 132Section 143(3)Section 153ASection 69B

furnished any detailed working of the capital gains so claimed with any documentary evidence. No documentary evidence has been furnished regarding either the Fair Market Value of the capital asset transferred or the cost of acquisition. Before accepting any claim of enhancement of cost of acquisition, the adjudicating authority would ... first see the cost of acquisition and how it has been derived. Similarly, for computing the capital gains, documentary evidence regarding the fair market value of (AY. 2018-19 & AY. 2017-18) Finquest Financial Solutions Pvt. Ltd. the asset claimed to have been transferred would have to be looked into

Mmti'S Education & Research Trust, Mumbai vs. ITO (E) 2 (1), Mumbai

In the result, the appeals of the assessee are In the result, the appeals of the assessee are allowed partly for allowed partly for statistical purposes

ITA 451/MUM/2019[2013-14]Status: DisposedITAT Mumbai23 Jun 2023AY 2013-14

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2011-2012 Mmti’S Education & Research Trust, The Dy. Director Of Income- New Excel House, 2Nd Floor, 41-B, Tax(Exemption)-I(1), Vs. Azad Nagar Road No. 2, Off. Veera 5Th Floor, Piramal Chambers, Desai Road, Behind Icici Bank, Parel, Lalbaug, Andheri (West), Mumbai-400012. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2012-2013 Mmti’S Education & Research Trust, Ito(E)-2(1), New Excel House, 2Nd Floor, 41-B, Income-Tax Office, Piramal Vs. Azad Nagar Road No. 2, Off. Veera Chambers, Parel, Mumbai- Desai Road, Behind Icici Bank, 12. Andheri (West), Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2013-2014 Mmti’S Education & Research Trust, Ito(E)-2(1), Victor House, 2Nd Floor, End Of Veera Income-Tax Office, Piramal Vs. Desai Road, Next To Chitralekha Chambers, Parel, Mumbai- House, Andheri (W), 12. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent

For Appellant: Ms. Arati Vissanji, Adv &For Respondent: Mr. Manish Ajudiya
Section 13(1)(c)Section 13(3)

unreasonable relative party if such expenditure is excessive or unreasonable relative party if such expenditure is excessive or unreasonable "having regard to the fair market value of the goods, service or "having regard to the fair market value of the goods, service or "having regard to the fair market value ... payments made were exceeding required to ascertain whether the payments made were exceeding required to ascertain whether the payments made were exceeding the fair market value of the services rendered. The Ld. Counsel the fair market value of the services rendered. The Ld. Counsel the fair market value

Mmtis Education and Research Trust, Mumbai vs. ITO (E) 2(1), Mumbai

In the result, the appeals of the assessee are In the result, the appeals of the assessee are allowed partly for allowed partly for statistical purposes

ITA 2974/MUM/2017[2012-13]Status: DisposedITAT Mumbai23 Jun 2023AY 2012-13

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2011-2012 Mmti’S Education & Research Trust, The Dy. Director Of Income- New Excel House, 2Nd Floor, 41-B, Tax(Exemption)-I(1), Vs. Azad Nagar Road No. 2, Off. Veera 5Th Floor, Piramal Chambers, Desai Road, Behind Icici Bank, Parel, Lalbaug, Andheri (West), Mumbai-400012. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2012-2013 Mmti’S Education & Research Trust, Ito(E)-2(1), New Excel House, 2Nd Floor, 41-B, Income-Tax Office, Piramal Vs. Azad Nagar Road No. 2, Off. Veera Chambers, Parel, Mumbai- Desai Road, Behind Icici Bank, 12. Andheri (West), Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2013-2014 Mmti’S Education & Research Trust, Ito(E)-2(1), Victor House, 2Nd Floor, End Of Veera Income-Tax Office, Piramal Vs. Desai Road, Next To Chitralekha Chambers, Parel, Mumbai- House, Andheri (W), 12. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent

For Appellant: Ms. Arati Vissanji, Adv &For Respondent: Mr. Manish Ajudiya
Section 13(1)(c)Section 13(3)

unreasonable relative party if such expenditure is excessive or unreasonable relative party if such expenditure is excessive or unreasonable "having regard to the fair market value of the goods, service or "having regard to the fair market value of the goods, service or "having regard to the fair market value ... payments made were exceeding required to ascertain whether the payments made were exceeding required to ascertain whether the payments made were exceeding the fair market value of the services rendered. The Ld. Counsel the fair market value of the services rendered. The Ld. Counsel the fair market value

Mmtis Eduction & Research Trust, Mumbai vs. DDIT (E) I(2), Mumbai

In the result, the appeals of the assessee are In the result, the appeals of the assessee are allowed partly for allowed partly for statistical purposes

ITA 5866/MUM/2015[2011-12]Status: DisposedITAT Mumbai23 Jun 2023AY 2011-12

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2011-2012 Mmti’S Education & Research Trust, The Dy. Director Of Income- New Excel House, 2Nd Floor, 41-B, Tax(Exemption)-I(1), Vs. Azad Nagar Road No. 2, Off. Veera 5Th Floor, Piramal Chambers, Desai Road, Behind Icici Bank, Parel, Lalbaug, Andheri (West), Mumbai-400012. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2012-2013 Mmti’S Education & Research Trust, Ito(E)-2(1), New Excel House, 2Nd Floor, 41-B, Income-Tax Office, Piramal Vs. Azad Nagar Road No. 2, Off. Veera Chambers, Parel, Mumbai- Desai Road, Behind Icici Bank, 12. Andheri (West), Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2013-2014 Mmti’S Education & Research Trust, Ito(E)-2(1), Victor House, 2Nd Floor, End Of Veera Income-Tax Office, Piramal Vs. Desai Road, Next To Chitralekha Chambers, Parel, Mumbai- House, Andheri (W), 12. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent

For Appellant: Ms. Arati Vissanji, Adv &For Respondent: Mr. Manish Ajudiya
Section 13(1)(c)Section 13(3)

unreasonable relative party if such expenditure is excessive or unreasonable relative party if such expenditure is excessive or unreasonable "having regard to the fair market value of the goods, service or "having regard to the fair market value of the goods, service or "having regard to the fair market value ... payments made were exceeding required to ascertain whether the payments made were exceeding required to ascertain whether the payments made were exceeding the fair market value of the services rendered. The Ld. Counsel the fair market value of the services rendered. The Ld. Counsel the fair market value