Share application money pending refund

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

06 September 2013 ABC Company - Brief facts of the case:
1. Date of incorporation : 23/05/2006
2. Share Holding pattern of company ABC
XYZ an Indian Company : 49%
PQR an Foreign Company : 51%
3. Receipt of Share Application Money amounting to Rs.20,00,000 on 08/12/2006 from PQR foreign company. The same is being remitted in Indian currency and no foreign currency has been received.
4. The same is also not kept in separate bank account and also used by the company in the normal course of business.
5. Due to some dispute between the Directors no further calls were made and share application money is pending in the books of accounts.
6. The same is being represented in the Balance Sheet of ABC under head “Share Application Money Pending Refund”.
7. During year 2010-11 , XYZ Indian Company has acquired shares of PQR foreign company and thus ABC company is subsidiary to the XYZ Indian Company who held previously 49% of shares.

Issues
M/s ABC is merging with XYZ and following issues needs to be resolved
1. Whether the “Share Application Money pending Allotment” can be forfeited in the current financial year and transfer to Capital Reserve or it is to be transferred to Investor Education Protection Fund?
2. What are the documents to be executed and procedure to be followed for the option as mentioned in 1 above?
3. With regards to Income tax, what should be the accounting treatment? Whether it has to be treated as Capital Receipt or Revenue Receipt.
4. Can the “Share Application Money pending allotment” treated as Long Term Capital gain in respect of cessation of rights as per definition of transfer under Section 2(47).
5. What are the violations under FEMA Act due to non-payment of Share Application Money.

Hope the details are clear.

Querist : Anonymous

Querist : Anonymous (Querist)

06 September 2013 Dear Expert

Please go through the above and help me.

Querist : Anonymous

Querist : Anonymous (Querist)

06 September 2013 Please reply

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