Preference shares redemption by companies

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

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