Chief Manager
21 Points
Posted on 12 February 2016
Dear Aswat
Sec 56 (2) (vii) is applicable to person resident in india and as in your case as your have issued shares to non resident, it will not applicable. And the section says :
Section 56(2) lists incomes chargeable to income tax under the head ‘Income from Other Sources.’ Finance Act, 2012 inserts clause (viib), with effect from 1-4-2013(assessment year 2013-14) to include ‘share premium’ received by a company in excess of its fair market value , as its income chargeable under the head ‘ Income from other sources.’ The clause is as follows:
“where a company, not being a company in which the public are substantially interested, receives, in any previous year, from any person being a resident, any consideration for issue of shares, in such a case if the consideration received for issue of shares exceeds the face value of such shares, the aggregate consideration received for such shares as exceeds the fair market value of the shares shall be chargeable to income tax under the head “Income from other sources”.