TMI BlogRULES FOR DETERMINING THE VALUE OF ASSETSX X X X Extracts X X X X X X X X Extracts X X X X ..... ther article of gold; (5) "gold ornament" means any article in a finished form, meant for personal adornment or for the adornment of any idol, deity or any other object of religious worship made of, or manufactured from, gold, whether or not set with stones or gems, real or artificial, or with pearls, real, cultured or imitation, or with all or any of them and includes parts, pendants or broken pieces of gold ornaments ; (6) "investment company" means a company whose gross total income consists mainly of income which is chargeable to income-tax under the heads "Income from house property", "Capital gains" and "Income from other sources". Explanation . In this clause, the expression "gross total income" shall have the meaning assigned to it in section 80B of the Income-tax Act ; (7) "jewellery" includes (a) ornaments made of gold, silver, platinum or any other precious metal or any alloy containing one or more of such precious metals, whether or not containing any precious or semi-precious stones, and whether or not worked or sewn into any wearing apparel ; (b) precious or semi-precious stones, whether or not set in any furniture, utensils or other article or work ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value of the property under this rule : Provided also that the provisions of the second proviso shall not apply for determining the value of one house belonging to the assessee,where such house is acquired or the construction whereof is completed after the 31st day of March, 1974, and the house is exclusively used by the assessee for his own residential purposes throughout the period of twelve months immediately preceding the valuation date and the cost of acquisition or, as the case may be, the cost of construction, as increased, in either case, by the cost of any improvement to the house, does not exceed, (a) if the house is situate at Bombay, Calcutta, Delhi or Madras, fifty lakh rupees ; (b) if the house is situate at any other place, twenty-five lakh rupees : Provided also that where more than one house belonging to the assessee is exclusively used by him for residential purposes, the provisions of the third proviso shall apply only in respect of one of such houses which the assessee may, at his option, specify in this behalf Net maintainable rent how to be computed. 4. For the purposes of rule 3, "net maintainable rent" in relation to an immovable proper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being advance payment towards rent for a period of three months or less), by the amount calculated at the rate of 15 per cent per annum on the amount of deposit outstanding from month to month, for the number of months (excluding part of a month) during which such deposit was held by the owner in the previous year, and if the owner is liable to pay interest on such deposit, the increase to be made under this clause shall be limited to the sum by which the amount calculated as aforesaid exceeds the interest actually paid; (iv) where the owner has received any amount by way of premium or otherwise as consideration for leasing of the property or any modification of the terms of the lease, by the amount obtained by dividing the premium or other amount by the number of years of the period of the lease; (v) where the owner derives any benefit or perquisite, whether convertible into money or not, as consideration for leasing of the property or any modification of the terms of the lease by the value of such benefit or perquisite; (2) "rent received or receivable" shall include all payments for the use of the property, by whatever name called, the value of all benefits or perquisites ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecified area; (c) "unbuilt area", in relation to the aggregate area of the plot of land on which the property is constructed, means that part of such aggregate area on which no building has been erected. Adjustment for unearned increase in the value of the land. 7. Where the property is constructed on land obtained on lease from the Government, a local authority or any authority referred to in clause (20A) of section 10 of the Income-tax Act, and the Government or any such authority is, under the terms of the lease, entitled to claim and recover a specified part of the unearned increase in the value of the land at the time of the transfer of the property, the value of such property as determined under rule 3 shall be reduced by the amount so liable to be claimed and recovered or by an amount equal to fifty per cent of the value of the property as so determined, whichever is less, as if the property had been transferred on the valuation date. Explanation . For the purpose of this rule, "unearned increase" means the difference between the value of such land on the valuation date as determined by the Government or such authority for the purpose of calculating such in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an asset not disclosed in the balance-sheet, shall be taken to be the value determined in accordance with the provisions of this Schedule as applicable to that asset; (d) the value of the following assets which are disclosed in the balance sheet shall not be taken into account, namely : (i) any amount paid as advance tax under the Income-tax Act; (ii) the debt due to the assessee according to the balance-sheet or part thereof which has been allowed as a deduction under clause (vii) of sub-section (1) of section 36 of the Income-tax Act, for the purposes of assessment for the previous year relevant to the corresponding assessment year under that Act; (iii) the value of any asset in respect of which wealth-tax is not payable under this Act; (iv) any amount shown in the balance-sheet including the debit balance in the profit and loss account or profit and loss appropriation account which does not represent the value of any asset; (v) any asset shown in the balance-sheet not really pertaining to the business; (e) the following amounts shown as liabilities in the balance-sheet shall not be taken into account, namely : (i) capital employed in the business oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xplanation . For the purposes of this rule, (a) where the net wealth of the firm or association com puted in accordance with this rule includes the value of any assets located outside India, the value of the interest of any partner or member in the assets located in India shall be deter mined having regard to the proportion which the value of assets located in India diminished by the debts relating to those assets bears to the net wealth of the firm or association; (b) where the net wealth of the firm or association computed in accordance with this rule includes the value of any assets which are exempt from inclusion in the net wealth under sub-sections (1) and (1A) of section 5, the value of the interest of a partner or member shall be deemed to include the value of his proportionate share in the said assets and, the provisions of sub-sections (1) and (1A) of section 5 12 shall apply to him ac cordingly; (c) where the net wealth of the firm or association comput ed in accordance with this rule includes the value of any assets referred to in sub-section (2) of section 5, the value of the interest of a partner or member shall be deemed to include the value of his propo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by, (i) a statement in the prescribed form, where the value of the jewellery on the valuation date does not exceed rupees five lakhs; (ii) a report of a registered valuer in the prescribed form, where the value of the jewellery on the valuation date exceeds rupees five lakhs. (3) Notwithstanding anything mentioned in sub-rule (2), the Assessing Officer may, if he is of opinion, that the value of the jewellery declared in the return, ( a) is less than its fair market value by such percentage or such amount as is prescribed under sub-clause (i) of clause (b) of sub-section (1) of section 16A; (b) is less than its fair market value as referred to in clause (a) of sub-section (1) of section 16A, he may refer the valuation of such jewellery to a Valuation Officer under sub-section (1) of the said section and the value of such jewellery shall be the fair market value as estimated by the Valuation Officer.] Adjustment in value of jewellery for subsequent assessment years. 19. The value of any jewellery determined in accordance with 15 [sub-rule (3)] of rule 18 for any assessment year (hereinafter referred to as the first assessment year), shall be taken t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etch if sold in the open market on the valuation date. Appendix [See rule 17] Table of (1/p+d 1) Age nearer birthday Premium for unit sum assured (1/p+d)-1 Value of life interest of rupee 1 per annum at 6 % rate of interest 1 2 3 0. 0.02906 10.100 1. 0.01590 11.999 2. 0.01295 12.517 3. 0.01162 12.765 4. 0.01095 12.893 5. 0.01065 12.951 6. 0.01058 12.965 7. 0.01063 12.955 8. 0.01076 12.930 9. 0.01095 12.893 10. 0.01117 12.850 11. 0.01142 12.803 12. 0.01169 12.751 13. 0.01197 12.699 14. 0.01226 12.644 15. 0.01257 12.587 16. 0.01286 12.534 17. 0.01319 12.473 18. 0.01350 12.417 19. 0.01387 12.351 20. 0.01431 12.273 21. 0.01469 12.207 22. 0.01512 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndment) Act, 1989, w.e.f. 1-4-1989. 2. Part C of Schedule III dealing with shares/debentures omitted with effect from 1-4-1993. 3. Part C of Schedule III dealing with shares/debentures omitted with effect from 1-4-1993. 4. Part C of Schedule III dealing with shares/debentures omitted with effect from 1-4-1993. 5. For text of section 85 of the Companies Act,1956 , see Appendix . 6. Part C of Schedule III dealing with shares/debentures omitted with effect from 1-4-1993. 7. See rule 13( a ) and Form O-11 . 8. Part C of Schedule III dealing with shares/debentures omitted with effect from 1-4-1993. 9. Clause ( f ) of section 2 of the Securities Contracts (Regulation) Act, 1956, defines "recognised stock exchange" as follows : '( f ) "recognised stock exchange" means a stock exchange which is for the time being recognised by the Central Government under section 4 ;' 10. Part C of Schedule III dealing with shares/debentures omitted with effect from 1-4-1993. 11. Before omission, Part C, as amended by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989/1-4-1990 and the Finance (No. 2) Act, 1991, w.e.f. 1-4-1992, read as un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nuously for not less than three accounting years ending on the valuation date or, in a case where the accounting year of the company does not end on the valuation date, for not less than three continuous accounting years ending on a date immediately before the valuation date, the paid-up value or, as the case may be, the adjusted paid-up value shall be reduced ( a ) in the case of a non-cumulative preference share, as indicated in the Table below : TABLE Number of accounting years ending on the valuation date or, in a case where the accounting year does not end on the valuation date, the number of accounting years ending on a date immediately preceding the valuation date, for which no dividend has been paid Rate of reduction ( 1 ) ( 2 ) Three years 10 per cent of the paid-up value or the adjusted paid-up value, as the case may be ; Four years 20 -do- Five years 30 -do- Six years and above 40 -do- ( b ) in the case of a cumulative preference share, by one-half of the rates specified in the aforesaid Table. Explanation . For the purposes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to in sub-clause ( i ) of clause ( a ), to the extent of the excess over the tax payable with reference to the book profits in accordance with the law applicable thereto; ( vi ) any amount representing contingent liabilities other than arrears of dividends payable in respect of cumulative preference shares. * Explanation . For the purposes of this rule, "balance-sheet", in relation to any company, means the balance-sheet of such company (including the Notes annexed thereto and forming part of the accounts) as drawn up on the valuation date and, where there is no such balance-sheet, the balance-sheet drawn up on a date immediately preceding the valuation date, and in the absence of both, the balance-sheet drawn up on a date immediately after the valuation date. 12. Unquoted equity shares in investment companies. (1) Subject to rule 13, the value of an unquoted equity share in an investment company shall be determined in the manner specified in sub-rule (2). (2) The value of all the liabilities as shown in the balance-sheet of such company shall be deducted from the value of all its assets shown in that balance-sheet; the net amount so arrived at shall be divided by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rofits of the company for the five accounting years of the company immediately preceding the valuation date shall first be ascertained; ( b ) adjustments shall be made to the book profits for each of the said five years for all non-recurring and extraordinary items of income and expenditure and losses ; ( c ) adjustments shall be made to the book profits for expenditure which is not of a revenue nature but is debited in the accounts and for receipts which are in the nature of revenue receipts but are not accounted for in the profit and loss account; ( d ) any development rebate or investment allowance debited in the books of account shall be added back to the book profits; ( e ) the tax liability of the company on the book profits, arrived at after the adjustments at items ( a ), ( b ), ( c ) and ( d ), shall be deducted from such book profits; ( f ) amounts required for paying dividends on preference share or shares with prior rights shall be deducted from such book profits; ( g ) the aggregate of the book profits for the five accounting years so arrived at, divided by 5, shall be the maintainable profits of the company. Explanation . For the purposes of this r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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