Rule 55 — Conditions for reference to Valuation Officers under section 91(1)(b). Made under s.91 of the Income-tax Act, 2025.
Rule 55 gives effect to Section 91 of the Income-tax Act, 2025. A rule cannot go beyond the section it serves: where the two seem to differ, the section governs.
The rule fills in the two blanks in section 91(1)(b)(i). The percentage of the value of the asset shall be 15%, and the amount shall be ten lakh rupees.
Section 91(1)(b)(i) lets the Assessing Officer refer a valuation to a Valuation Officer where the difference between the claimed value and the fair market value crosses a prescribed percentage or a prescribed amount, but leaves both figures to be prescribed. This rule states them, and states nothing else — the trigger, the reference and the consequences all remain in the section.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Prescribed percentage of the value of the asset | 15% | For the purposes of section 91(1)(b)(i) | Rule 55(a) |
| Prescribed amount | Ten lakh rupees | For the purposes of section 91(1)(b)(i) | Rule 55(b) |
The rule supplies numbers only. How the 15% and the ten lakh rupees interact — what they are measured against and whether either alone suffices — is settled by section 91(1)(b)(i) itself, and the rule cannot enlarge or narrow that. Because these are the conditions for making a reference, an objection that the reference was bad has to start with the section's own arithmetic applied to these two figures.
An Assessing Officer forms the view that an asset shown at fifty lakh rupees is worth more. Whether he can refer the valuation under section 91(1)(b)(i) turns on the difference measured against the tests in that provision, using 15% as the percentage of the value of the asset and ten lakh rupees as the amount, both supplied by this rule.
You meet it inside a reference to a Valuation Officer during assessment, usually only when the assessee disputes that the section 91(1)(b)(i) threshold was crossed at all.
the percentage of the value of the asset shall be 15%
the amount shall be ten lakh rupees