Issue of shares at a premium

A private limited company wants to issue further shares to the promoters at a premium of rs.30 /- per share for a face value of 10. The promoter wants to subscribe to 5 lacs shares of rs, 10 each at a premium of 30 per share totalling to 2.00 crores. The details are as follows

1. Authorised capital 3.00 crores

2. Paid up capital      2.25 crores

3. Further issue      : 50 lacs at a premium of 150 lacs

Now since the increase is within the authorised capital limits, filing of form PAS 3 is sufficient. Kindly let me know that since this subscripttion is at premium, is there any restriction that subsequent issues should also be at premium.

 

 

 

Replies (4)

The issue  should not be  at a price lower than book  value of shares.  However, while issuing  shares at a premium you have to keep in mind provisions of Sec.56 of IT Act which may levy tax on excess premium treating the same as other income.

 

howwever there is not restriction to issue on securities premium under company act. But under income tax law, if any closely held company received the more consideration than instrinsic value of share, then more consideration will be treated as income from other sources under section 56(2)(viib) in the hand of that company.

Originally posted by : P C Agrawal
The issue  should not be  at a price lower than book  value of shares.  However, while issuing  shares at a premium you have to keep in mind provisions of Sec.56 of IT Act which may levy tax on excess premium treating the same as other income.

 

You have mentioned that issue should not be at a price lower than book value as per as i understand the issue can not be more than book value. Please clarify 

Suresh Goyal

 

Originally posted by : Suresh Kumar Goyal

I had actually meant face value and not book value. 

Originally posted by : P C Agrawal



The issue  should not be  at a price lower than book  value of shares.  However, while issuing  shares at a premium you have to keep in mind provisions of Sec.56 of IT Act which may levy tax on excess premium treating the same as other income.

 





You have mentioned that issue should not be at a price lower than book value as per as i understand the issue can not be more than book value. Please clarify 

Suresh Goyal

 

 

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