Central Board of Direct Taxes (CBDT) vide its Order dated 2^nd May, 2016 has given direction to its field formations, with a view to avoid disputes/Litigation and to maintain uniform approach that the income arising from transfer of unlisted shares, irrespective of period of holding, would be taxable under the head ‘Capital Gain’ except in certain circumstances where the Assessing Officer would examine the issue and take appropriate view.

This order is in continuation to the earlier circular of CBDT (circular No.6/2016 dated 29.2.2016), wherein position of Income Tax Department regarding transfer of listed shares and securities was spelt out.

With these initiatives, it is expected that there would be much needed certainty and predictability regarding taxability of income arising from transfer of shares. Consequently, due to uniformity in approach, tax disputes and litigation on this issue would reduce substantially.

The full text of the order is available on the official website of the Income Tax Department www.incometaxindia.gov.in for viewing.

Also see:

LETTER F.NO.225/12/2016/ITA.II - 2-5-2016

6/2016 - 29-2-2016

Capital Gain taxation of unlisted share transfers clarified; income from such transfers treated as capital gains subject to specified exceptions. Income from transfer of unlisted shares is to be treated as Capital Gain regardless of holding period, with specified exceptions to be examined by the Assessing Officer; the direction seeks a uniform approach to reduce disputes and provide predictability in tax treatment.