Preference shares redemption by companies

866 views 1 replies

Sec 56(viia) of the Income Tax Act brings into the tax net differential value of the shares transferred by a person to a company, at a price less than the fair market value.

 
Also, in the case of Anarkali Sarabhai vc. CIT, it was decided that redemption of preference shares is considered as relinquishment of asset and thus, a transfer.
 
Thus, please suggest if redemption of preference shares at a price less than the fair market value will attract the provisions of sec 56(viia) and tax the differential price as income from other sources in the hands of the company
Replies (1)

As per my view, Sec 56(2)(Viia) inserted to tax those indirect transfer of shares from individual to the companies. Further, redemption of preference shares is relinquishment of assets in the hands of shareholder and there is no use for co. after redemption of shares, so this transaction would not be covered under said section.

relinquishment of asset

Read more at: /forum/preference-shares-redemption-by-companies-229748.asp#.ULzc91IqrC9

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details
Company
ARTICLESHIP 31 May 2026
Article Assistant

KPRS And Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 18 June 2026
Article Assistance

RB KESHRI & CO.

Mumbai

CA Inter

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

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

R P S K & Associates

Nashik

CA Inter

View Details