banner_ad

Exemption for capital gain

Tax queries 344 views 1 replies

I HAVE A QUERY REGARDING EXEMPTIONS THAT CAN BE AVAILED UNDER CAPITAL GAINS. PLEASE HELP URGENTLY

-> A SHAREHOLER OWNS A PRIVATE LIMITED COMPANY, NOW THE COMPANY IS BEING CLOSED DOWN, SO HE HAS SOLD THE PROPERTY OF THE COMPANY AND IS THUS GETTING MUCH CAPITAL GAIN TAX. BUT HE HAS USED THE SAME MONEY FOR PURCHASE OF ANOTHER LAND FOR STATING A PARTNERSHIP FIRM.

SO CAN HE CLAIM ANY EXEMPTION?? 

OR IS THERE ANY OTHER WAY TO SAVE GAPITAL GAIN TAX.

PLEASE HELP sadcrying

Replies (1)

Dear Heena,

 

According to me, unfortunately, you will have to pay the Capital Gains Tax since, the Company is a completely different assessee from the owner. The land is sold by the Company and the investment is made by the owner thereof. The gain thus arises to the company, who is liable to pay tax on it

 

However, since the shares are bought back by the company, the company may also be required to pay tax u/s 115QA (which was inserted by Finance Act, 2013). And since, the consideration received by the owner on the buy back of the shares is exempt u/s 10(34A) of the Act, even 54 series of sections would not apply…

 

If you have any other doubts, please feel free to ask..

 

- Ankit


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 28 May 2026
Accounts, Audit & Compliance Executive

Shyam Joshi & Associates

Pune

B.Com

View Details
Company
Featured 28 May 2026
SEMI QUALIFIED/ CA DROPOUTS/ ARTICLES

T R SOOD & CO

New Delhi

CA Inter

View Details
Company
26 May 2026
CA / MBA (Finance) / CMA / M.Com (Finance)

Sri Aurobindo Gnostic Centre of Education

New Delhi

CA

View Details
Company
19 May 2026
Fundraising Expert

MentorsWorld Ventures Private Limited

Ahmedabad

Others

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

Karia Overseas

Ahmedabad

CA

View Details
Company
18 May 2026
MIS Executive

Primarc Pecan Retail Limited

Mumbai

B.Com

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details