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“NAV method”

Special Rate ProvisionsRule 11UARule 11UA182 judgments

The decision most relied on for NAV method is PCIT v. Chain House International (P) Ltd. (98 Taxmann.com 47), cited in 104 judgments on BharatTax.

Leading authorities on NAV method

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.

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.

PCIT v. Cinestaan Entertainment Pvt Ltd.
433 ITR 82 · 2021 · High Court
49
citing judgments

The Assessing Officer cannot reject the share valuation method adopted by an assessee under Section 56(2)(viib) if it adheres to prescribed methodologies and commercial prudence. The valuation cannot be challenged based on future performance or by substituting another method.

Innoviti Payment Solutions Pvt. Ltd. v. ITO
102 Taxmann.com 59 · 2019 · ITAT
35
citing judgments

The Assessing Officer (AO) cannot discard the Discounted Cash Flow (DCF) method for share valuation if the assessee opts for it as per Rule 11UA(2). The AO must record reasons for not accepting the assessee's valuation report and obtain a fresh report before proceeding with their own valuation, but cannot change the method chosen by the assessee.

Agro Portfolio (P.) Ltd. v. ITO
94 Taxmann.com 112 · 2018 · High Court
33
citing judgments

The Assessing Officer (AO) has the power to disturb the valuation of shares provided by the assessee's chartered accountant, even if Rule 11UA(2) is followed. If the AO doubts the valuation report, they are not necessarily bound to refer the matter to the Valuation Officer and can adopt a different method to determine the fair market value.

Cinestaan Entertainment (P) Ltd. v. ITO
106 Taxmann.com 300 · 2019 · High Court
28
citing judgments

An Assessing Officer must accept the fair market value of shares determined by the assessee using a prescribed method like DCF or NAV, and cannot substitute their own valuation, as Section 56(2)(viib) is a deeming provision not open to broad interpretation.

Agro Portfolio Pvt. Ltd. v. ITO
171 ITD 74 · 2018 · ITAT
27
citing judgments

The Assessing Officer can scrutinize the valuation report submitted by an assessee and may, if necessary, determine a fresh valuation using the Discounted Cash Flow (DCF) method, even if the assessee opted for a different method, provided the assessee fails to substantiate their projections.

Pr. Commissioner of Income Tax-2 v. Enrich Agro Food Products Pvt. Ltd.
148 Taxmann.com 26 · 2023 · High Court
20
citing judgments

The Delhi High Court confirms that when shares are issued at a premium to investors, the valuation of such shares must be assessed based on established methods like the NAV or DCF method, and the revenue cannot arbitrarily determine the fair market value.

Judgments citing NAV method

Hri Healthcare Pvt Ltd., Mumbai vs. Asst. CIT Circle-10(1)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2437/MUM/2019[2015-16]Status: DisposedITAT Mumbai11 Jul 2023AY 2015-16

Bench: Shri Aby T Varkey & Shri Amarjit Singhhri Healthcare Pvt. Ltd. Vs. Asst. Commissioner Of 602, 6Th Floor, Supreme Income Tax, Circle Chambers, Off Veera 10(1)(1), Aaykar Bhavan, Desai Road, Andheri (W) 2Nd Floor, Mumbai – 400053 Mumbai - 400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aacch7613M Appellant .. Respondent [ Appellant By : K. Gopal Respondent By : Soumendu Kumar Dash Date Of Hearing 16.06.2023 Date Of Pronouncement 11.07.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Cit(A)-17, Mumbai, Dated 28.01.2019 For A.Y. 2015-16. The Assessee Has Raised The Following Grounds Before Us: “1.1 The Learned Assessing Officer Erred In Making An Addition Of Rs.4,96,08,000 Under Section 56(2)(Viib) Of The Income-Tax Act, 1961 ("The Act') Being The Difference Between The Share Premium Received By The Appellant From Its Holding Company & The Fair Market Value Of The Shares There Of As Computed Under Rule 11Ua Of The Income-Tax Rules, 1962( The Rules") & Cit(A) In Confirming The Same 1.2 The Assessing Officer Erred In Holding The Issue Price Of Right Shares To Existing Shareholder Of The Company Which Were Adopted On The Basis Of A Valuation Report Of An Independent Valuer As Exorbitant On Reasons Purely In The Realm Of Conjectures/Surmises Without Appreciating That The Same Is In Accordance With Provisions Of The Act & Cit(A) In Confirming The Same. 1.3 It Is Submitted That Valuation Is An Art & Not A Science. The Valuation Are Based On Certain Assumptions & Estimations Especially In Case Of New Company. The Valuation Has Been Done Based On The Dcf Method

For Appellant: K. GopalFor Respondent: Soumendu Kumar Dash
Section 143(2)Section 56(2)(viib)

prescribed methodology. The Appellant-Revenue had the option to conduct its own valuation and determine FMV on the basis of either the DCF or NAV Method. The Respondent-Assessee being a start-up company adopted DCF method to value its shares. This was carried out on the basis of information ... assessee company has introduced any non-genuine funds and option to determine the fair market value on the basis of either the DCF or NAV method. 7. In the light of the above facts and finding the we consider that ld. CIT(A) is not justified in sustaining the addition

Dy. Commissioner of Income Tax Circle 13(2)(2), Mumbai vs. Sodexo Facilities Management Services India Pvt Ltd, Mumbai

In the result, the appeal filed by Revenue is partly allowed for statistical purposes

ITA 2945/MUM/2022[2012-13]Status: DisposedITAT Mumbai25 May 2023AY 2012-13

Bench: Shri Om Prakash Kant & Ms.Kavitha Rajagopaldcit, Sodexo Facilities Circle-13(2)(2), Management Services बनाम/ Mumbai. India Pvt.Ltd., 1St Floor, Vs. Gemstar Commercial Complex, Ramchandra Lane, Extension Kanchpada, Malad West, Mumbai-400064. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aabcs4166M (अपीलाथ"/Appellant) (""थ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri A.N.Bhalekar, Sr.Ar ""थ" की ओर से/Respondent By: Shri Mrunal Parekh सुनवाई की तारीख/ Date Of Hearing 16/05/2023 घोषणा की तारीख /Date Of Pronouncement 25/05/2023 आदेश / Order Per Om Prakash Kant- Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 20.09.2022 Passed By Ld Commissioner Of Income-Tax (Appeals)-National Faceless Appeal Centre, Delhi [“In Short The Ld. Cit(A)”]For Assessment Year (“Ay”) 2012-13, Raised Following Grounds: -

For Appellant: Shri A.N.Bhalekar, Sr.ARFor Respondent: Shri Mrunal Parekh
Section 139(1)Section 143(3)Section 147Section 148Section 151(1)Section 43(6)(c)Section 50B(3)

which was worked out by the valuer following the PECV method, whereas the assessee has followed average value of PECV method as well as NAV method to justify the sale consideration actually received. We are of the opinion that ld Assessing Officer has not carried out valuation by an independent