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Sale of shares of private limited company

Tax queries 866 views 1 replies

Hi,

The facts of the case are as under:

Assessee has inherited shares of private limited company on the death of the parent. These shares were purchased before 1980-1981. Subsequently the assessee has sold the shares to another shareholder / director. Being a private limited company, these are unlisted shares.

The queries are as under:

1. Is the Assessee entitled to get the benefit of tax payable at 10%. Or will he be required to pay tax @ 20%

2. Can the assessee get benefit u/s 54, 54 EC, etc and similar provisions of the act if he invests the sale proceeds / gain as specified by the act. What schemes will be available to the assesee in such case.

3. What procedure should one follow to get the value of the shares as on 1980-1981.

 

Thanks in advance for your replies.

 

Thanks and Regards,

CA Chandresh Sanat Jatania

Replies (1)

1) Proviso to S 112 canaccept it as STCG on basis of available documents @   not be applied since thats for listed securites so as per S. 112 there will be 20% tax after applying second proiso to s.48 (i.e indexation)

But if assessee is NR then in case of unlisted securities tax shall be @ 10% without applying 1st proviso (that TTBR conversion methodology) and seconf proviso (indexation) of s.48

 

2) 54EC and 54F

 

3) Logically it should be net asset value or intrinsic value of share at that time, we can draw inferenced from method prescribed under rule 11UA. You might find the details by the balance sheet of that year


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