Part DCA - Safe Harbour Rules for income referred to in clause (i) of sub-section (1) of section 9 chargeable to tax under the head (From Rule 10TI to Rule 10TIC)
Tax on distributed income for buy-back: rules for computing amount received by company for issued shares. Rule 40BB prescribes methods to determine the amount received by a company for shares subject to buy-back. It treats subscription proceeds (including premium) as amount received, reduces that amount by sums previously returned unless additional tax was paid, deems credited fair market value for employee equity and sweat equity, provides formulae for shares issued as consideration for assets or liabilities and for succession/conversion from firms, carries amounts through amalgamation and demerger proportionately, treats conversion of securities as the amount received for those instruments, and mandates FIFO for indistinguishable dematerialised shares, otherwise defaulting to face value.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Tax on distributed income for buy-back: rules for computing amount received by company for issued shares.
Rule 40BB prescribes methods to determine the amount received by a company for shares subject to buy-back. It treats subscription proceeds (including premium) as amount received, reduces that amount by sums previously returned unless additional tax was paid, deems credited fair market value for employee equity and sweat equity, provides formulae for shares issued as consideration for assets or liabilities and for succession/conversion from firms, carries amounts through amalgamation and demerger proportionately, treats conversion of securities as the amount received for those instruments, and mandates FIFO for indistinguishable dematerialised shares, otherwise defaulting to face value.
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