section 46(2)

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can anyone explain the section with refernce to2(22)(c)
Replies (4)

When you receive money or other assets on the liquidation of company same is taxable as income under the head capital gain as per section 46(2) since it will be regarded as transfer.

However, Section 2(22)(C) also considers it as deemed dividend. Thus, only remaining portion will be taxable under the head capital gains.

Sale consideration will be calculated as below:

Money Received

Add: Market Value of Assets Received

Less: Amount treated as deemed dividend as per section 2(22)(C)

Balance will be sale consideration for the shares of liquidating company

that is cost is nil and when we finally sale the shares normal cap gains will arise as usual with no effect of these sections and same for assets when sold subsequently reduced by 2(22)(c)
can u give an example

Suppose you have received Rs. 10,000 Cash and other assets having market value Rs. 10,000/-  at the time of liquidation of company against your shares. Assuming Cost of acquisition of your shares are NIL.

Let’s say deemed dividend u/s 2(22)(C) is Rs. 5,000/-. Now Sale Consideration for the purpose of computing income taxable under Capital Gain will be as below:

 

Money Received

         10,000

Add:

Market Value of Assets Received

         10,000

Less:

Amount treated as deemed dividend u/s 2(22)(C)

           5,000

 

Sale Consideration for the Purpose of Computing Capital Gain

         15,000


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