ICAI opposes CBDT notification making CAs ineligible to determine FMV of unquoted equity shares

ICAI opposes CBDT notification making CAs ineligible to determine FMV of unquoted equity shares as per the Discounted Free Cash Flow Method.

The Representation has been submitted to CBDT by Direct Taxes Committee of ICAI with respect to the Notification No 23/2018, dated 24th May, 2018 amending Rule 11UA omitting reference to term “accountant”, thereby making Chartered Accountants ineligible to determine the FMV of unquoted equity shares as per the Discounted Free Cash Flow Method.

In the representation, ICAI has reiterated its role as a partner in nation building and custom followed for its being consulted when such changes are being given effect to.

The representation of ICAI is in detail and centers around the initiatives/concerns of  ICAI as under:

  • Preparation and Issuance of Valuation Standards by ICAI – as a benchmark for Valuation Practices applicable for Chartered Accountants , predominantly recognised role of ICAI in connection with Valuation Standards and systematic training imparted to CA students as a part of course curriculum as also in post qualification  course to CAs;
  • Professional competence of Chartered Accountants – Recognition  by Judicial Forum as sole expert in the area of accounting, auditing as well as connected valuations;
  • Section 247 of the Companies Act, 2013 recognizes chartered accountant to be eligible for registering as a valuer;
  • Very limited number of registered Intermediaries (Merchant Bankers) compared to large number of companies getting covered by the impugned Rule; Chartered Accountants entitled to be registered valuers under the Wealth Tax Rules;
  •  Valuation Standards Board  of ICAI  – Focus  on  in-depth  and comprehensive  activities performed by Chartered Accountants in respect of valuation;
  •  Recognition of Accountant in line with II UA(l )(c).

It has also been pointed out that limited availability of the merchant bankers would increase the cost to the assessee for determining the FMV of unquoted equity shares.

CBDT has been urged to reconsider the notification and for restoring the status quo before notification was issued.

Download ICAI Representation to CBDT Click Here >>

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