Buy-back

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....HIGH COURT] "Buy-back means, the purchase by the companies of its own shares in accordance with the provisions of the Section 77 of the Companies Act. Thus, Tribunal noted that as per the said provision in force during the relevant assessment year, the buy-back pursuant to order of Company Law Board will appear under Section 402 of the Companies Act was not included."  IN RE....

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....tively. Consequently in the Income-tax Act, amendments were brought in section 2(22) and by insertion of section 46A, with effect from April 1, 2000. By these amendments buy-back of shares was excluded from the definition of dividends in section 2(22) and was specifically taxed as capital gains in section 46A of the Income-tax Act. These amendments were brought to clarify the ambiguity i....