Forefeiture of share application money
This query is : Resolved
05 June 2016
Sec 56(2)(ix) of the Income Tax Act 1961 taxes the advance amount forfeited against sale of a capital asset. Does capital asset include Shares also? Whether forfeiture of share application money as per current income tax law is a capital or revenue receipt? Is there any definition of capital asset provided in Income Tax Law?
CA SUNIL K GARG
(Expert)
06 June 2016
As per my opinion, amount of share application money is a capital receipt but not amount received against capital assets. So it is not covered under section 56(2)(ix) of the Income Tax Act, 2016. Section 56(2)(ix) says about money forfeited against capital assets.
Message likes :
1 times
08 June 2016
Thanks Sir. But isn't share a capital asset? Is there any definition of capital asset in Income Tax Act?
CA SUNIL K GARG
(Expert)
08 June 2016
share is capital asset, bur share application money is capital receipt till allottmnet
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