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Issue ID: 5347
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Applicability of Sec 56 (vii)

Date 25 Feb 2013
Replies 1 Reply
Views 2136 Views
Taxation of shares issued below fair market value may be taxed as income unless valuation is proven.
Applicability of Sec 56(vii): the provision taxes the excess of the fair market value of property received over the consideration paid; face value of shares is not determinative. Determination of taxability is fact specific and depends on valuation evidence, with transactions among a limited set of existing shareholders liable to closer scrutiny. (AI Summary)
 An existing private ltd company  issuing further shares to only few existing shareholder at face value.?? 
Weather this attracts Sec 56(vii) ? 
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