Section 91 - Reference to Valuation Officer
The Assessing Officer may refer valuation to a Valuation Officer when the statutory conditions are met; valuation procedure and evidence then become central.
Reviewed by CA Nikhil Gupta · Updated 9 October 2026
Section 91 is presented using the consolidated Income-tax Act, 2025 as amended by the Finance Act, 2026. The general commencement date is 1 April 2026. Earlier years and saved proceedings may remain governed by the Income-tax Act, 1961 and the repeal/savings framework.
2-minute professional decode
The Assessing Officer may refer valuation to a Valuation Officer when the statutory conditions are met; valuation procedure and evidence then become central.
Who should test this section?
Section 91 matters to investors, property owners, promoters, companies, firms and advisers where the transaction involves reference to valuation officer; the charge, computation and relief steps should be separated.
Evidence to retain
The section 91 file should preserve acquisition and transfer instruments, valuation or stamp records, payment evidence, holding-period material and every document that supports the treatment of reference to valuation officer.
1961 Act bridge
| Legacy provision | Legacy heading | Mapping |
|---|---|---|
| 55A | Reference to Valuation Officer | Renumbered / mapped |
The bridge is a research aid. Legacy case law carries over only after the current wording and transition rules are matched.
Rules and forms linked to this section
| Rule | Operational role | Mapped form(s) |
|---|---|---|
| Rule 55 | Conditions for reference to Valuation Officers under section 91(1)(b) | No standalone form mapped |
Worked application
The Assessing Officer disputes the value adopted for a capital asset. Before a valuation reference is made, test the statutory trigger and the conditions in Rule 55, then preserve both the valuation material and the reference record.
Common mistake
For section 91, do not jump from sale proceeds to a capital-gain number: first identify the transfer/charging event, then consideration, cost, timing and any exemption or rollover condition relevant to reference to valuation officer.
Compliance approach
Identify the statutory trigger for section 91, lock the relevant tax year, reconcile the facts to the operative sub-section, preserve the evidence trail and separately test every linked Rule, Form, Schedule and exception before finalising the return position.
Numeric / timing checkpoints in the operative text
- (b) in any other case, if the Assessing Officer is of the opinion that— (i) the fair market value of the asset exceeds the value claimed by the assessee by more than the percentage of value of such asset or amount, as may be prescribed;
Related provisions
- Section 269
- Section 90
- Section 92
Current statutory text
Primary-source trail
- Consolidated Income-tax Act, 2025 (as amended by Finance Act, 2026) (official external source)
- Income Tax Department - Act/Rules/Forms hub (official external source)
- CBDT commencement material - Act operative from 1 April 2026 (official external source)
- Income-tax Rules, 2026 - Notification No. 22/2026 (official external source)
Source status: full Section 91 statutory text in the local source corpus; reconciled to the current consolidated Act control on 8 October 2026.