Partner
63 Points
Joined January 2014
“Company” as per section 2(17) of the Income Tax Act includes any body corporate incorporated under laws of a country outside India.
Therefore, the monies received on winding up of the Srilankan Company would be liable for Capital Gains tax in India u/s 46(2).
46(2) mandates monies received to be treated as full value of consideration for the purpose of determining the Capital Gains.
If on receipt of Rs.80 in 12-13 the loss of Rs.20 per share has been claimed then itself, then, on receipt of Rs.25 per share in 16-17 will have to be treated as full value of consideration with no cost of acquisition available against it.
In view of this, the accounting treatment in 16-17 would depend on the entries passed in 12-13 for recording the receipt of Rs.80.