Gautam Patel (CA and CWA) (146 Points)
24 September 2008where a shareholder reduces his shareholding in the company From say 50% to 40% then whether the shareholder will be liable to capital gains tax in respect of his individual assessment in respect of the 10% transferred ( suppose the shares are transferred to the existing shareholder). If yes please state the relevant section.
madhur gupta
(student/article )
(1022 Points)
Replied 24 September 2008
| Originally posted by :Gautam J Patel | ||
| " | where a shareholder reduces his shareholding in the company From say 50% to 40% then whether the shareholder will be liable to capital gains tax in respect of his individual assessment in respect of the 10% transferred ( suppose the shares are transferred to the existing shareholder). If yes please state the relevant section. | " |
yes
they have sold shares ,capital gain/loss will attract in their individual returns
capital gain will attract if they sold it on higher values
but normally these types of shares r sold at par so usuaaly capital loss comes
Aravind
(CA-Final)
(71 Points)
Replied 24 September 2008
Section 10(38) of the Income tax Act ,exempts following income: (38) any income arising from the transfer of a long-term capital asset, being an equity share in a company or a unit of an equity oriented fund where— (a) the transaction of sale of such equity share or unit is entered into on or after the date on which Chapter VII of the Finance (No. 2) Act, 2004 comes into force; and (b) such transaction is chargeable to securities transaction tax under that Chapter : 44[Provided that the income by way of long-term capital gain of a company shall be taken into account in computing the book profit and income-tax payable under section 115JB.] Explanation.—For the purposes of this clause, “equity oriented fund” means a fund— (i) where the investible funds are invested by way of equity shares in domestic companies to the extent of more than 45[sixty-five] per cent of the total proceeds of such fund; and (ii) which has been set up under a scheme of a Mutual Fund specified under clause (23D) : Provided that the percentage of equity shareholding of the fund shall be computed with reference to the annual average of the monthly averages of the opening and closing figures
CAclubindia
