share capital

Income from sale of shares is Business income or Capital gains

Income Tax - This article is for better understanding of Treatment of Income from Sales of shares or other securities. Here I am explaining about the possibilities one can treat the income from sale of shares and what are the benefits of it. The article also comprises the corresponding guidelines from CBDT which are self explanatory and fiercest....

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Share Warrant & ESOP- Procedure of Issue & Taxation

Income Tax - Article explains what is Share Warrant and what is ESOP. It further explains to who Share Warrant and ESOP can be issued, Procedure for issue of Share Warrant and ESOP and Taxation of Share Warrant and ESOP. Share Warrant: What is Share Warrant? -Share warrant is an option issued by the company that gives the […]...

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Tax planning by conversion of stock in trade into capital asset

Income Tax - When a capital asset is converted into stock in trade then capital gain u/s 45(2) of Income Tax Act arises in the year of sale and not in the year of conversion. But in vice versa situation i.e conversion of stock in trade into capital asset there does not arise any capital gain. If an assessee is in the business of real estate and on clo...

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Method To Calculate FMV of Unquoted Shares

Income Tax - The fair market value of the shares= (i) as may be determined in accordance with such method as may be prescribed, or (ii) as may be substantiated by the company to the satisfaction of the Assessing Officer, based on the value, on the date of issue of shares...

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Summary of filings to Stock Exchanges under LODR for entity which listed its Equity Shares & NCDs / NCRPS

Income Tax - Summary of filings required to be made to Stock Exchanges under LODR for listed entity which has listed its specified securities, and either non-convertible debt securities (NCDs) or non-convertible redeemable preference shares (NCRPS) or both. Description Regulation No. Particulars Share Transfer Agent Regulation 7 (3) Compliance Certifi...

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Provide Clarity on Taxability of Surplus on Sale of Shares & Securities – Capital Gains or Business Income

Income Tax - As regards shares and other securities, the same can be held either as capital asset or stock-in-trade / trading asset or both. However, the Act does not contain any specific guidelines as to the characterisation of any particular investment as capital asset or stock-in-trade / trading asset. While this characterisation is essentially a f...

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Review of policy relating to forfeiture of partly paid-up shares

Income Tax - Forfeiture of shares is a process specified under Table-F (Articles of Association of a Company Limited by Shares) of Schedule I of the Companies Act, 2013. The standard procedure to be followed in case of forfeiture of partly paid-up shares is as follows:...

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Shares of Money Matters crashes on real estate scam

Income Tax - Share of Money Matters Financial Services today nosedived by 20 per cent, hitting a lower circuit on BSE, on allegations that the firm bribed senior officials of public sector financial institutions for procuring loans for corporates. The Mumbai-base...

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Companies Act may specify stringent rules for filing class action suits

Income Tax - To prevent misuse of class action suits, the new Companies Act may specify a minimum number of shareholders or creditors of companies for exercising the right to file such cases, the Corporate Affairs Minister, Mr Salman Khurshid, has said. This is a major change from the current position on class action suits as mentioned in the Companie...

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Roc issued New Version of many online filing forms

Income Tax - New version of Form 15, 1INV, 21, 23, 23AA, 23C, 24, 25B, 25C, 3, 32, 35A, 37, 39, 4C, CAR, DDB, 24AB, 23AAC, 65, 63, DD-C, 23AAA, Form I- Application for appointment of sole selling agent, Form of annual return of a foreign company having a share capital, 24A, Investor complaint form, 22B, 36, 4, […]...

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Unlisted shares sold before 11.07.2014 eligible for benefit of short holding period

Mrs. Neelu Analjit Singh Vs The Addl. Commissioner of Income tax (ITAT Delhi) - The issue under consideration is Unlisted shares sold after holding for 23 months considered as Long Term Capital Gains or Short Term Capital Gains?...

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ITAT deletes addition for share capital in case of Jagan Reddy Group Companies

M/s Janani Infrastructure Pvt. Ltd. Vs ACIT (ITAT Banglore) - M/s Janani Infrastructure Pvt. Ltd. Vs ACIT (ITAT Banglore) We have held that the sole basis of reopening of the assessment is the information received from the CBI. It is an undisputed fact that AO did not supply those materials to the assessee and also did not confront them with the assessee. Henc...

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Issue of Share at Premium- Modus Operandi of Conversion of Black Money into White

M/s. Subhalakshmi Vanijya Pvt. Ltd. Vs CIT (ITAT Kolkata) - In these cases there are 18 different assessees who filed appeal before ITAT aggrieved from the order u/s 263 passed by CITs. In original proceedings AO passed orders with nominal additions after investigation by way of summoning various subscribers to share capital of assessee companies....

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Once a company shows in its accounts any money under the head paid up capital than it will be presumed that share has been allotted

Smt. Nupur Mitra & others Vs M/S Basubani Private Limited (Company Law Board Kolkata) - The instant petition was disposed by this Bench by an order dated 13.10.2000. However, due to administrative difficulties, the same was dispatched to the parties only on 22.11.2000. Before the receipt of the said order, the petitioners had filed two applications-one on 2.11.2000 and another on 20.11...

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Assessee in garb of entering hedging transaction cannot seek to enter into speculative transaction in any stocks or shares other than one held by him as inventory

ACIT Vs. Dinesh K. Mehta (HUF) (ITAT Mumbai) - If all speculative transactions will be claimed as hedging transactions, very purpose behind the provisions of section 73 not permitting set off of speculative loss against business income will become redundant....

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SEBI (Issue of Capital and Disclosure Requirements) (Amendment) Regulations, 2009

Notification No LAD-NRO/GN/2009- 10/23/186926 - (11/12/2009) - Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Amendment) Regulations, 2009 - Amendment in regulations 2,10,29,42,50, 96,98, Schedules VIII, XI and insertion of regulation 55A....

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PAN requirement for transfer of shares in physical form : SEBI

Notification No. MRD/DoP/ Cir-05/2009 - (20/05/2009) - The Securities and Exchange Board of India (SEBI) vide circular ref. no. MRD/DoP/Cir-05/2007 dated April 27, 2007 made PAN the sole identification number for all participants transacting in the securities market, irrespective of the amount of such transaction. ...

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Securities and Exchange Board of India (Investor Protection and Education Fund) Regulations, 2009

Notification No. LAD-NRO/GN/2009-10/05/163525 - (19/05/2009) - Every member, who is directly or indirectly interested in any matter coming up for consideration at a meeting of the Committee, shall disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the meeting of the Committee and such member shall no...

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CS Appointment Limit for companies increased to 5 Crore

Notification No. G.S.R. 11(E) - (05/01/2009) - Notification of change in COMPANIES (APPOINTMENT AND QUALIFICATIONS OF SECRETARY) RULES to increase the present limit of paid-up capital of Rs.2 Crore to Rs. 5 Crore for appointment of full time Company Secretary w.e.f.15/03/ 2009....

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Check List for Application under Section 295 and 372A of The Companies Act

Notification No. G.S.R. 501(E) - (06/07/1999) - he application should be addressed to The Secretary, Department Of Company Affairs, of the Jurisdiction in which you are falling. Application should be submitted along with the prescribed fee by demand draft drawn in favour of Pay & Accounts Officer, Department of Company Affairs, of the Jurisdictio...

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Recent Posts in "share capital"

Unlisted shares sold before 11.07.2014 eligible for benefit of short holding period

Mrs. Neelu Analjit Singh Vs The Addl. Commissioner of Income tax (ITAT Delhi)

The issue under consideration is Unlisted shares sold after holding for 23 months considered as Long Term Capital Gains or Short Term Capital Gains?...

Read More

Income from sale of shares is Business income or Capital gains

This article is for better understanding of Treatment of Income from Sales of shares or other securities. Here I am explaining about the possibilities one can treat the income from sale of shares and what are the benefits of it. The article also comprises the corresponding guidelines from CBDT which are self explanatory and fiercest....

Read More
Posted Under: Company Law |

Share Warrant & ESOP- Procedure of Issue & Taxation

Article explains what is Share Warrant and what is ESOP. It further explains to who Share Warrant and ESOP can be issued, Procedure for issue of Share Warrant and ESOP and Taxation of Share Warrant and ESOP. Share Warrant: What is Share Warrant? -Share warrant is an option issued by the company that gives the […]...

Read More
Posted Under: Company Law |

Tax planning by conversion of stock in trade into capital asset

When a capital asset is converted into stock in trade then capital gain u/s 45(2) of Income Tax Act arises in the year of sale and not in the year of conversion. But in vice versa situation i.e conversion of stock in trade into capital asset there does not arise any capital gain. If an assessee is in the business of real estate and on clo...

Read More

Method To Calculate FMV of Unquoted Shares

The fair market value of the shares= (i) as may be determined in accordance with such method as may be prescribed, or (ii) as may be substantiated by the company to the satisfaction of the Assessing Officer, based on the value, on the date of issue of shares...

Read More
Posted Under: Company Law |

Summary of filings to Stock Exchanges under LODR for entity which listed its Equity Shares & NCDs / NCRPS

Summary of filings required to be made to Stock Exchanges under LODR for listed entity which has listed its specified securities, and either non-convertible debt securities (NCDs) or non-convertible redeemable preference shares (NCRPS) or both. Description Regulation No. Particulars Share Transfer Agent Regulation 7 (3) Compliance Certifi...

Read More
Posted Under: Company Law |

ITAT deletes addition for share capital in case of Jagan Reddy Group Companies

M/s Janani Infrastructure Pvt. Ltd. Vs ACIT (ITAT Banglore)

M/s Janani Infrastructure Pvt. Ltd. Vs ACIT (ITAT Banglore) We have held that the sole basis of reopening of the assessment is the information received from the CBI. It is an undisputed fact that AO did not supply those materials to the assessee and also did not confront them with the assessee. Hence, we are […]...

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Should you exit TATA stocks with Cyrus Mistry…???

The exit of Cyrus Mistry from TATA group was not a crisis situation and wouldnt change the fundamentals of companies. The sudden removal of Mistry took the market by surprise and in the near-term, some volatility in Tata Group stocks was seen. It raises questions on the governance front too. ...

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FAQs on Delisting of Equity Sharess

1. What is meant by delisting of securities? The term delisting of securities means removal of securities of a listed company from a stock exchange. As a consequence of delisting, the securities of that company would no longer be traded at that stock exchange....

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Posted Under: Company Law |

Preferential Issue by Listed Company & SEBI (ICDR) Regulations, 2009

Preferential Allotment means an issue of shares by a body corporate under Section 62 (1) (c) of the Companies Act, 2013. Relevant Date means a date 30 days prior to the date on which the general meeting of the Company is held in terms of Section 62(1) (c) of the Companies Act, 2013. ...

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Posted Under: Company Law |

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