1363. Equity shares issued by company in respect of which exemption is available under clause (xx) of sub-section (1) – Company could make application for issue of appropriate certificate for claiming exemption by individual shareholders

1. Attention is invited to the provisions contained in clause (xx) of sub-section (1) of section 5. Clause (xx) exempts from wealth-tax the value of any equity shares held by the assessees in any company of the type referred to in clause (d) of section 45 where such shares form part of the initial issue of equity share capital made by the company after March 31, 1964 for a period of five successive assessment years commencing with the assessment year next following the date on which such company commences the operations for which it has been established.

2. It has been found that the assessees experience some avoidable inconvenience in claiming exemption under section 5(1)(xx) individually in their respective assessments before the Wealth-tax Officer. The Board, after careful consideration of such in­stances, have decided that, where the equity shares issued by a company qualify for exemption under section 5(1)(xx), the company itself could make an application to the Income-tax Officer (who is also the Wealth-tax Officer) assessing the company, for the issue of an appropriate certificate. When the certificate is issued the company should furnish copies of the same to each of its shareholders who can, in turn, produce it before his Wealth-tax Officer for claiming exemption under section 5(1)(xx).

3. The Board have also decided that an application for the issue of certificate be submitted by the company to the Income-tax Officer assessing it in the form as per Annex “A”. The form in which the certificate would be issued by the Income-tax Officer-cum-Wealth-tax Officer to the company is specified as per enclosed Annex “B”.

Circular : No. 69 [F. No. 1/10/68-WT], dated 18-11-1971.

ANNEX A – APPLICATION FOR ISSUE OF CERTIFICATE FOR EXEMPTION UNDER SECTION 5(1)(xx)

To

The Income-tax Officer-cum-Wealth-tax Officer,

………………………………………………………………

………………………………………………………………

Sir,

I submit the following information with the request that the value of equity shares issued by M/s…………………………………………………….. to the shareholders be declared as being exempt under section 5(1)(xx) of the Wealth-tax Act, 1957, in the hands of the respective shareholders for assessment year 19 ……………. 19 …………… :

1.     Name of the company

2.     Whether the conditions laid down in section 45(d) of Wealth-tax Act, 1957, are satisfied (furnish details)

3.     Place of registration and location of head office

4.     Total amount of capital under issue

(a) Initial issue of equity share

(b) Others

5.     Date of issue of initial issue of equity share capital

6.     Date of commencement of the operation of the company for which it has been established

7.     Miscellaneous information

DECLARATION

I hereby declare that to the best of my knowledge and belief, the information given above is correct, complete and truly stated.

……………………………………………………………….

Signature of the Principal Officer
Place……………………………….
Status …………………………………………………
Date……………………………….
Address ………………………………………………

ANNEX B – FORM OF CERTIFICATE

OFFICE OF THE INCOME-TAX-CUM-WEALTH-TAX OFFICER

Place…………………………….

Date………………………………

To

The Principal Officer,

………………………………………………………………………

………………………………………………………………………

Certified that M/s ……………………………………………………. (name of the company) have issued initial issue of equity share on …………………………………………… to its shareholders and the value of these equity shares qualifies for exemption under section 5(1)(xx) read with section 45(d) of the Wealth-tax Act, 1957, in the hands of the respective shareholders. The company started operation, for which it has been established, with effect from ………………………………………………….. and the exemption is allowable only for the assessment years 19 ………. and 19 ………. which  are the …………………. assessment years subsequent to the commencement of the operations for which the aforesaid company was established.
Income-tax-cum-Wealth-tax Officer,

Ward…………………………………….

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