Capital gain


This query is : Resolved 

(Querist)
09 February 2018 If the repayment of loan by way of shares will be regarded as transfer and attract capital gain?

Pls clarify.

Arpit (Expert)
09 February 2018 As per Section 2(47) transfer in relation to a a capital asset includes sale, exchange or relinquishment of the asset.

Hence, it is clear that it will attract capital gain tax

BHUVANESH N (Querist)
09 February 2018 Thanks for the reply. please clarify if gift of shares held in a pvt ltd will attract capital gain









Arpit (Expert)
09 February 2018 Yes you can do so but if you will gift the same to other person then it will become the income of the receiver as Income from Other Sources under the provisions of section 56(2)(vii). Further, you will also need to think about the treatment of loan taken from that party.

BHUVANESH N (Querist)
09 February 2018 Thanks for the reply.

Sorry to disturb you. I didn't get "Further, you will also need to think about the treatment of loan taken from that party."


Arpit (Expert)
09 February 2018 Since you have taken loan and in lieu of that you are issuing the shares. Therefore, if you gift the shares then what about the loan. That will still remain outstanding in the books.

BHUVANESH N (Querist)
09 February 2018 Understood. Both are different transactions. Anyway thanks for your input.


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details
Company
Featured ARTICLESHIP 06 October 2026
Semi Qualified

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details
Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
ARTICLESHIP 08 October 2026
ARTICLE TRAINEE

S.B.G. & CO. CHARTERED ACCOUNTANTS

New Delhi

CA Inter

View Details