sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Latest Expert Exchange
News Headlines »
 Tax on gifts? Always tax-free, if received from relativesa
 Notification No. 76/2018 – Customs Ministry Of Finance
 The only receipt that remains tax-exempt
 Central Goods and Services Tax (Eleventh Amendment) Rules, 2018
 Know how you can save tax on capital gains
 CBDT extends deadline Income tax return (ITR) filing
 Notification Ministry Of Finance
 Gifts from relatives are always tax-free
 Notification No. 85/2018 - Customs (N.T.) Central Board Of Indirect Taxes And Customs
  Save money, claim home rent and home loan benefits from taxman Income tax return (ITR)
  Know what all documents you need to have in place Last date for businesses to file IT returns is Oct 15

Draft Rules for prescribing the method of valuation of fair market value in respect of the trust or the institution-Chapter XII-EB of the Income-tax Act, 1961- reg.
October, 25th 2016
                                                                   F. No. 370142/21/2016-TPL


                                  F. No. 370142/21/2016-TPL
                                     Government of India
                                      Ministry of Finance
                                   Department of Revenue
                                 Central Board of Direct Taxes
                                             *******
                                                        New Delhi, dated 24th October, 2016
Subject: Draft Rules for prescribing the method of valuation of fair market value in
        respect of the trust or the institution-Chapter XII-EB of the Income-tax Act, 1961-
        reg.
       The Finance Act, 2016, inter alia, inserted a new Chapter XII-EB consisting of
sections 115TD, 115TE and 115TF in the Income-tax Act, 1961 (the Act). This chapter
contains specific provisions relating to levy of additional income-tax where the
charitable institution exempt under the Act ceases to exist as charitable organization or
converts into a non-charitable organization.
2.     Sub-section (2) of newly inserted section 115TD provides that the accreted
income for the purposes of sub-section (1) thereof means the amount by which the
aggregate fair market value of the total assets of the trust or the institution, as on the
specified date, exceeds the total liability of such trust or institution computed in
accordance with the method of valuation as may be prescribed. Therefore, the
method of valuation of fair market value in respect of the trust or the institution as on
the specified date for determination of accreted income needs to be prescribed in the
rules.
3.     Accordingly, it is proposed to insert rule 17CB in the Income-tax Rules, 1962.
The draft rule 17CB, on which comments and suggestion of stakeholders and general
public may be sent electronically by 31st October, 2016 at the email address,
dirtpl1@nic.in in this regard, are as under:
 "17CB. Method of valuation for the purposes of sub-section (2) of section 115TD. (1) For
 the purpose of sub-section (2) of section 115TD of the Act, the aggregate fair market
   value of the total assets of the trust or institution, shall be the aggregate of the fair
            market value of all the assets in the balance sheet as reduced by-
      (i) any amount of tax paid as deduction or collection at source or as advance
           tax payment as reduced by the amount of tax claimed as refund under the
           Act, and
      (ii) any amount shown as asset including the unamortised amount of deferred
           expenditure which does not represent the value of any asset.
     (2) For the purpose of sub-rule (1), the fair market value of an asset shall be
determined in the following manner, namely:--
  (i)     Valuation of shares and securities,--
        (a)   the fair market value of quoted share and securities shall be the following,--
          I. the average of the lowest and highest price of such shares and securities
             quoted on a recognised stock exchange as on the specified date ; or
          II. where on the specified date, there is no trading in such shares and securities
              on a recognised stock exchange; the average of the lowest and highest
                                                              F. No. 370142/21/2016-TPL







      price of such shares and securities on a recognised stock exchange on a
      date immediately preceding the specified date when such shares and
      securities were traded on a recognised stock exchange,
(b)   the fair market value of unquoted equity shares shall be the value, on the
      specified date of such unquoted equity shares as determined in
      accordance with the following formula, namely:--

  Fair market value =          (A+B - L) × (PV),
                                      (PE)
  where,
  A     =      book value of all the assets in the balance sheet (other than
  bullion, jewellery, precious stone, artistic work, shares, securities, and immovable
  property) as reduced by-
           (i) any amount of tax paid as deduction or collection at source or as
                advance tax payment as reduced by the amount of tax claimed as
                refund under the Act; and
           (ii) any amount shown in the balance sheet as asset including the
                unamortised amount of deferred expenditure which does not represent
                the value of any asset;
  B    =      fair market value of bullion, jewellery, precious stone, artistic work,
  shares, securities and immovable property as determined in the manner
  provided in this rule;
  L     =     book value of liabilities shown in the balance sheet, but not
  including the following amounts, namely:--
      I.   the paid-up capital in respect of equity shares;
      II. the amount set apart for payment of dividends on preference shares and
          equity shares;
      III. reserves and surplus, by whatever name called, even if the resulting figure
           is negative, other than those set apart towards depreciation;
      IV. any amount representing provision for taxation, other than amount of tax
          paid as deduction or collection at source or as advance tax payment as
          reduced by the amount of tax claimed as refund under the Act, to the
          extent of the excess over the tax payable with reference to the book
          profits in accordance with the law applicable thereto;
      V. any amount representing provisions made for meeting liabilities, other
         than ascertained liabilities;
      VI. any amount representing contingent liabilities other than arrears of
          dividends payable in respect of cumulative preference shares;
  PE = total amount of paid up equity share capital as shown in the balance-
  sheet;
  PV= the paid up value of such equity share;
(c)   The fair market value of shares and securities other than equity shares shall
      be estimated to be price it would fetch if sold in the open market on the
      specified date on the basis of valuation report from a merchant banker or an
      accountant in respect of such valuation;
                                                                          F. No. 370142/21/2016-TPL


  (ii)         The fair market value of an immovable property shall be higher of the following:
           (a) price that the property shall ordinarily fetch if sold in the open market on the
               specified date on the basis of the valuation report from a registered valuer,
               and
           (b) stamp duty value as on the specified date,
  (iii)        The fair market value of a business undertaking, held by trust or institution, shall
               be its net assets:-
                 (A + B-L)
               Which shall be determined mutatis mutandis applying the manner provided in
               sub-clause (b) of clause (i) of sub-rule (2).
  (iv)         The fair market value of any asset, other than those referred to in clauses (i), (ii)
               and (iii) above, shall be the price that the asset shall ordinarily fetch if sold in the
               open market on the specified date on the basis of valuation report obtained
               from a registered valuer:
               Provided that in case no valuer is registered for valuation of such assets, the
               valuation report shall be obtained from a valuer who is a member of any one
               of the professional valuer bodies viz. Institution of Valuers, institution of Surveyors
               (Valuation Branch), institution of Govt. Approved Valuers, Practicing Valuers
               Association of India, The Indian Institution of Valuers, Centre for Valuation
               Studies, Research and Training, Royal institute of Chartered Surveyors, India
               Chapter, American Society of Appraisers, USA, Appraisal institute USA or a
               valuer who is appointed by any public sector banks or public sector
               undertakings for valuation purposes.
         (3) For the purpose of sub-section (2) of section 115 TD of the Act, the total
liability of the trust or institution shall be book values of liabilities in the balance sheet on
the specified date but not including the following amounts , namely:--
         (i)    Capital fund or accumulated funds or corpus, by whatever name called, of
                the trust or institution,
         (ii) Reserve or surpluses or excess of income over expenditure, by whatever name
              called,
         (iii) any amount representing contingent liability
         (iv) any amount representing provisions made for meeting liabilities, other than
              ascertained liabilities;
         (v) any amount representing provision for taxation, other than amount of tax paid
             as deduction or collection at source or as advance tax payment as reduced
             by the amount of tax claimed as refund under the Income- tax Act, to the
             extent of the excess over the tax payable with reference to the income in
             accordance with the law applicable thereto.
Explanation-- For the purposes of this rule,--
   (a) "accountant" shall mean a fellow of the Institute of Chartered Accountants of
       India within the meaning of the Chartered Accountants Act, 1949 (38 of 1949)
       who is not appointed by the trust or institution as an auditor;
   (b) "balance-sheet" in relation to any trust or institution, shall mean the balance-
       sheet of such trust or institution (including the notes annexed thereto and forming
                                                            F. No. 370142/21/2016-TPL







   part of the accounts) as drawn up on the         specified date which has been
   audited by an accountant;
(c) "Merchant banker" means category I merchant banker registered with Securities
    and Exchange Board of India established under section 3 of the Securities and
    Exchange Board of India Act, 1992 (15 of 1992);


(d) "quoted share or security" in relation to share or security means a share or
    security quoted on any recognized stock exchange with regularity from time to
    time, where the quotations of such shares or securities are based on current
    transaction made in the ordinary course of business;
(e) "recognized stock exchange" shall have the same meaning as assigned to it in
    clause (f) of section 25 of the Securities Contracts (Regulation) Act, 1956 (42 of
    1956);
(f) "registered valuer" shall have the same meaning as assigned to it in section 34AB
    of the Wealth-tax Act, 1957 (27 of 1957) read with rule 8A of Wealth-tax Rules,
    1957;
(g) "securities" shall have the same meaning as assigned to it in clause (h) of section
    2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956);
(h) "specified date" means the date as referred in explanation to section 115TD of
    the Act;
(i) "stamp duty value" means the value adopted or assessed or assessable by any
    authority of the Central Government or a State Government for the purpose of
    payment of stamp duty in respect of an immovable property;
(j) "unquoted shares and securities", in relation to shares or securities, means shares
    and securities which is not a quoted shares or securities."


                                                                (Rajesh Kumar Kedia)
                                                                       Director (TPL-I)
                                                                 Tel No: 011-23095446

Home | About Us | Terms and Conditions | Contact Us
Copyright 2018 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Website Ranking Website Ranking Company Website Positioning Alexa Ranking Website Promotion Website top 10 ranking website top 10 promotion search engine result promotion Strategic Internet Marketing Website Optimization Website Ranking Factors

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions