IMP ////// WHAT TYPE OF INCOME IT IS ?????????

Tax planning 1684 views 12 replies

HI ALL


Querry


Foreign Comapny invested in an Indian Compoany in the shape of share application money.


now, Foreign comapny want its money back but Indian Company is not in a condition to give back the share application money to foreign company.


foreign company now saying waive the share application money because its very low amount for foreign company.


now the question, is the waived money become the income of indian company? how can Indian Company treat it, like under what head?


does the indian company will treate it as gift, capital gain, income from other sources ? what actly or in which account it will come of foreign company & Indian Company ? 


Regards,


Sachin

Replies (12)
Good question...u made me think...i am bit confused...i will wait for some1's else answer....it should not happen that i give wrong answers...
Its Capital Gain
hi can u explain it C.A. Kirti S. Ganatra ???
Hi As per my opinion, this is a capital reciept and not taxable in the hand of Indian Co. It is not taxable at all.
it is amount of share forfeiture which is a capital receipt and this is tax free in the hand of indian company
See there are multiplicity of opinions...which one to believe...good question...maybe you can seek expert query...plz tell me also when u have got the answer.
hi virgin how r u ? well, how can I place my question in front of expert query? i dnt knw, guide me sir.
money forfeited as payment for their shares. present situation it is a capital receipt .not taxable at all. but should be taxale as income of the company.till now in income tax act definition of income doest not say specifically to bring in tax liability. any further query.
Dear,This is other income.thsi si income from share application money forfited.This will be taxed in indian companyn 's income.
Hello Sachin!!! After logging in go to My Recent Activities. Below it you will find Expert Query. Click it and it will take you to a window which will allow you to post your query on experts' panel.
DEAR SACHIN . PL. REFER TO AN ARTICLE OF THE FINANCIAL EXPRESS OF DT 27.JAN 2008.ON THE SAME TOPIC AND IN THIS BUDGET ALSO THERE IS NO AMENDMENT. THANKS NARINDER
SORRY THE DATE OF THE FINANCIAL EXPRESS IS 28 JAN 2008. NARINDER


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