banner_ad

Capital gain on shares

Tax queries 323 views 2 replies

Dear Experts,

 Need your advise on the below mwntioned unique case

An US citizen Mr. X agrees to buy 10,000 shares of an Indian Company ABC Pvt Ltd at Rs 10 per share in the year 2005 from its promoter shareholder Mr. Y, for that he gets into a share purchase agreement and also duly transfers purchase consideration of Rs 100,000 to the promoters shareholders account.

But post transfer of amount b0oh parties dispute and transfer of SHares doesnt happen in books of ABC Pvt Ltd.

Now after 10 years of litigation, High Court has awarded Rs 300,000 in favour of Mr. X to be paid by Mr. Y because Mr. Y was at fault and value of Shares have also increased now, apart from that they have also instructed to Mr. Y to pay Rs. 100,000 to Mr. X towards litigation expenses.

Now the situation is that Mr. X will get total of Rs 400,000 (3 Lacs for award & 1 lac for litigation expenses), and shares never got transfered.

Need to know what tax implications Mr. X will have on this payments although shares never got transferred in his name.

 

Best regards

Lokesh Bahl 

Replies (2)

Before giving you the suggestion, please can you provide the extract of the court order to enable to give a proper suggestion

Hi Lokesh,

It appears that the shares never got transferred - even pursuant to the Court's order. Thus no taxable event took place so as to envisage a tax liability.

Regards

Abhimanyu Jhamba

CA, Advocate

9218999999

 

 

 

 

 

 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Topics
Loading
Company
14 May 2026
Senior Accounts Executive

Karan Gupta & Co.

New Delhi

Graduate (Any)

View Details
Company
16 May 2026
Audit clerk

mgirt & co

Bengaluru

CA Inter

View Details
Company
ARTICLESHIP 14 May 2026
CA ARTICLE

PRAVEEN GARG & CO

Faridabad

CA Foundation

View Details
Company
22 May 2026
U.S. Financial Reporting & Consolidation Manager

Karia Overseas

Ahmedabad

CA

View Details
Company
ARTICLESHIP 31 May 2026
Article Assistant

KPRS And Associates

New Delhi

CA Inter

View Details
Company
19 May 2026
Article, CA & Paid Assistant Positions

Aggarwal Sarawagi and Co

New Delhi

CA

View Details
Company
ARTICLESHIP 15 May 2026
Audit Assistant / Article Trainee / Intern

SSGS and Associates

Chennai

CA Inter

View Details
Company
16 May 2026
Account & Audit Asst

RAHUL KHANDEBHARAD & ASSOCIATES

Nashik

B.Com

View Details