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"15. In these circumstances, we are unable to accept the contentions of
the assessee that in view of the provisions under section 56(2)(viib) of
the Act read with Rule 11UA(2) of the Rules the Ld. AO had no
jurisdiction to adopt a different method than the one adopted by the
assessee, and if for any reason the AO has any doubt recording such
valuation report and does not agree with the same is bound to make a
reference to the Income tax Department Valuation Officer to determine
the fair market value of such capital asset. This is so because unless
and until the assessee produces the evidences to substantiate the basis
of projections in cash flow and provides reasonable connectivity between
those projections in cash flow with the reality evidences by the material,
it is not possible even for the Departmental Valuation Officer to conduct
any exercise of verification of the acceptability of the value determine by
the merchant banker. This is more particularly in view of the long
disclaimer appended by the merchant banker at page no. 16 & 17 of the
paper book which clearly establishes that no independent enquiry is
caused by merchant banker to verify the truth or otherwise the figures
furnished by the assessee at least on test basis. The merchant bankers
solely relied upon an assumed without independent verification, the
truthfulness accuracy and completeness of the information and the
financial data provided by the company. A perusal of this long disclaimer
clearly shows that the merchant banker did not do anything reflecting
their expertise, except mere applying the formula to the data provided by
the assessee. We, therefore, are unable to brush aside the contention of
the Revenue that the possibility of tailoring the data by applying the
reverse engineering to the pre determined conclusions.