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Income Tax - Valuation of share of privately held companies

In Amritlal T. Shah vs. ITO, the ITAT Mumbai held that In valuing the shares of a privately held co, the “enterprise valuation” has to be taken by valuing even the assets held by subsidiaries of the Company. It is common for the sellers to charge a “controlling premium” for the sale of the shares. Such transfers to enable restructuring and re-aligning the shareholding pattern are genuine and bona fide. The alleged excess consideration for the sale of the shares cannot be treated as “unexplained income”

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Merits and the terms of contract are irrelevant for invoking of the bank guarantees

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