By Jagdish T. Punjabi | Prachi Parekh | Chartered Accountants
Devendra Jain | Advocate
31 I Brands Beverages Pvt. Ltd. [2021] TS-546-ITAT-2021 (Bang)] A.Y.: 2015-16; Date of order: 13th July, 2021 Section 56(2)(viib)
ITAT holds that corrigendum to the valuation report to be considered in ascertainment of value u/s 56(2)(viib)
FACTS
The assessee, who was engaged in the manufacture and sale of beverages, allotted 4,80,000 shares of a nominal value Rs. 10 per share at a premium of Rs. 365 per share following the discounted cash flow method as per the valuation report. The A.O. noted that the value per share as per projections was Rs. 37.49 per share and it was mistakenly arrived at as Rs. 374.95 per share, and therefore assessed the difference of Rs. 16.2 crores as income u/s 56(2)(viib). On appeal with the CIT(A), the assessee submitted a corrigendum to the valuation report as additional evidence, contending it to be read with the original valuation report which showed the fair market value at Rs. 374.95 per share. The CIT(A), based on a remand report called from the A.O., held that additional evidence in the form of corrigendum was not admissible and confirmed the additions made by the A.O.
Aggrieved, the assessee is in appeal before the Tribunal.
HELD
The Tribunal observed that the corrigendum to the original report was issued on account of error and it formed part of the original valuation report. It further held that the corrigendum could not be treated as additional evidence by the CIT(A) and therefore there was no reason to reject it. The Tribunal holds that the corrigendum and the original report shall constitute the full report to be examined by the A.O. and accordingly remits the matter to the A.O. for determination of value per share.
