In case of a demerger, there is a requirement under section 2(19AA)(iv) that the resulting company has to issue its shares to the shareholders of the demerged company on a proportionate basis.  However, it is not possible to satisfy this condition where the demerged company is a subsidiary company and the resulting company is the holding company.

Therefore, it is proposed to amend the provisions of section 2(19AA) so as to exclude the requirement of issue of shares where resulting company itself is a shareholder of the demerged company.  The requirement of issuing shares would still have to be met by the resulting company in case of other shareholders of the demerged company.

This amendment will take effect from 1st  day of April, 2013 and will accordingly apply to assessment year 2013-14 and subsequent  assessment  years.

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One Comment

  1. Varun Kelkar says:

    Please educate me how the resulting company which is newly formed can already have shares in demerged company? I did not get this point.

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