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The Basis of Value and Why It Cannot Be Implied

The same asset produces materially different values under different bases, even where the information and techniques are unchanged. The most common error in CIRP reports is...

Published
Updated
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4 min
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6 answered
  • High Complexity
Topic
IBC Insolvency
Published
September 7, 2026
Last updated
Sep 7, 2026
Reading time
4 min
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Last updated: September 2026Verified against: Government sources

What it is

The basis of value is the conceptual foundation of a valuation. It defines the economic assumptions underlying the exercise:

  • the nature of the assumed transaction;
  • the characteristics of market participants; and
  • the circumstances under which the asset or business is assumed to be exchanged.

It therefore influences the assumptions adopted, the methodology selected and the interpretation of the conclusion. The same asset may produce materially different values under different bases, even where the underlying information and techniques are unchanged.

The common bases

BasisAssumed transaction conditions
Fair ValueWilling, informed and uncompelled parties; since 2025-2026 expressly incorporating intangibles and synergies
Liquidation ValueCompelled disposal under the liquidation timeline, in a distressed market with a restricted buyer pool
Market ValueExchange between market participants at arm's length
Going Concern ValueContinuing operations
Distress Sale ValueCompulsion to transact
Investment ValueValue to a particular owner or investor

Each reflects a distinct set of assumptions about transaction conditions, market participants and the degree of compulsion to transact.

The recurring error, and why it is analytically untenable

A recurring error in CIRP reports is applying Fair Value assumptions in what is required to be a Liquidation Value analysis. The most common manifestation is the use of going-concern-level asset values, derived from DCF or market multiples, in the liquidation value schedule, with only nominal haircuts applied.

The result is a Liquidation Value only marginally below the going-concern Fair Value — suggesting that liquidation would yield nearly the same recovery as a successful resolution.

That is analytically untenable and invites challenge, and the reason is easy to state: if liquidation recovered nearly as much as resolution, the entire premise of the CIRP would collapse. Liquidation Value should reflect the compelled-sale, distressed-market reality of an actual liquidation process.

Enterprise Valuation is not a basis of value

The introduction of Enterprise Valuation within the insolvency framework makes this distinction necessary. Enterprise Valuation is not a separate basis of value; it is a framework for determining value at the enterprise level and operates in conjunction with the applicable basis prescribed by the regulations.

A report that treats it as a basis in its own right has confused the construct with the economic assumption underlying it.

What the basis of value determines

  1. the assumptions that may appropriately be adopted;
  2. the methodologies likely to be relevant;
  3. the information requiring consideration; and
  4. the disclosures necessary to explain the conclusion.

Consistency is the vulnerability

A common reporting vulnerability arises when the selected basis is not applied consistently. Two directions of error are identified:

  • a valuation described as Fair Value incorporating assumptions more consistent with a distressed sale; and
  • a Liquidation Value analysis relying on assumptions that implicitly assume a willing buyer environment.

Such inconsistencies materially affect the credibility and reliability of the conclusion — and, unlike an arithmetical error, they are visible to any reader who compares the two figures.

The rule

The basis of value should never be implied or assumed. It should be explicitly stated, clearly explained and consistently reflected throughout the report. An incorrectly selected or inadequately explained basis can undermine the defensibility of an otherwise technically sound valuation.

Practically, that means fixing it in the scope of work at the outset, under IVS 101, and testing the finished report for assumptions that belong to a different basis.

Common mistakes

  • Deriving Liquidation Value by applying a percentage haircut to Fair Value.
  • Leaving the basis of value to be inferred from the methodology used.
  • Treating Enterprise Valuation as a basis rather than a construct.
  • Producing a Liquidation Value that implies liquidation recovers nearly as much as resolution.
Quick recapKey facts & short answers

Key Facts About Basis of Value

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

What is the basis of value?

The conceptual foundation of a valuation. It defines the economic assumptions underlying the valuation — the nature of the assumed transaction, the characteristics of market participants and the circumstances under which the asset or business is assumed to be exchanged.

Why does it matter so much?

Because the same asset may produce materially different values under different bases of value, even where the underlying information and valuation techniques remain unchanged.

A resolution plan is judged on feasibility, not on optimism.

— TaxClue Insolvency Desk

Basis of Value: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Vikas Sharma Tax & Compliance Expert at TaxClue

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

The conceptual foundation of a valuation. It defines the economic assumptions underlying the valuation — the nature of the assumed transaction, the characteristics of market participants and the circumstances under which the asset or business is assumed to be exchanged.

Because the same asset may produce materially different values under different bases of value, even where the underlying information and valuation techniques remain unchanged.

Fair Value, Liquidation Value, Market Value, Going Concern Value, Distress Sale Value and Investment Value.

Fair Value assumes a transaction between willing, informed and uncompelled parties, and since the 2025-2026 amendment expressly incorporates intangibles and synergies. Liquidation Value assumes a compelled disposal under the liquidation process timeline, in a distressed market with a restricted buyer pool.

No. It is a framework for determining value at the enterprise level and may operate in conjunction with the applicable basis of value prescribed under the regulatory framework.

Applying Fair Value assumptions in what is required to be a Liquidation Value analysis — most often by using going-concern-level asset values in the liquidation schedule with only nominal haircuts.