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2007 (3) TMI 217

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..... /99 relevant for the assessment year 1995-96 decided by the Tribunal. The assessee had purchased some shares of a company by the name of M/s. Metal Rod (Pvt.) Ltd. The shares were not listed in the stock exchange. The face value of the shares was Rs. 10. The Assessing Officer was of the view that on the break up value of the shares, the market price of the shares came to Rs. 16.40 and, therefore .....

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..... d, then its break up value is to be taken as the fair market value. We may at once notice that the Supreme Court was concerned with the valuation of unquoted shares for the purposes of determining wealth-tax with reference to rule ID of the Wealth-tax Rules, 1957. The assessee preferred an appeal before the Commissioner of Income-tax (Appeals) who relied upon rule 5 of Schedule II to the Gift-ta .....

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..... that the Commissioner had correctly found the break-up value of the shares by excluding miscellaneous expenditure not written off and on this basis had correctly assessed the value of the shares at Rs. 7.68 per share. We are of the opinion that no fault can be found in the view taken by both the Commissioner of Income-tax (Appeals) as well as by the Tribunal. Both the authorities have chosen to .....

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