Issue of Shares at Premium at incorporation.
Atif Khan (151 Points)
13 February 2020Will it be taxable under 56(2)vii ?
Jatin Bajaj
(CS)
(2930 Points)
Replied 15 February 2020
As per section 52 of the Companies Act 2013, a Company can issue the shares at premium towards the issue of un- issued shares of the Company to the members of the Company as fully paid up and further for writing off the preliminary expenses of the Company.
But practically, the no subscriber would take the shares on premium at very begining
Atif Khan
(151 Points)
Replied 15 February 2020
Jatin Bajaj
(CS)
(2930 Points)
Replied 15 February 2020
Yes, it is compulsory for the Company to issue the fully paid up shares to the subscriber of the Company because suppose the money is received for 1000 shares of Rs. 10/-each which means Rs. 100000 value of shares, in that case such 100000 shares shall be deposited in Company's current bank account and as per the provisions of the Companies Act if the share are not allotted within 60 days of the application money, it shall be treated as deposit.
Subsequently after the incorporation of Company, the Company can issue the partly paid up share capital in respond to the total application money received either by the right issue or by way of private placement of shares
Atif Khan
(151 Points)
Replied 15 February 2020
25 Hours GST Scrutiny of Return and Notice Handling(With Recording)
Survey, Search and Seizure under Income Tax Act 1961