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Right issue of shares

anoop (g.m accounts) (214 Points)

18 July 2019

Right issue made at Rs 50/- per shares in a unlisted company. Fair market value is app Rs 100/-. Is there any implication under income tax act. refer section 50CA

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Suresh Thiyagarajan (Student) (3986 Points)
Replied 18 July 2019

1. As per sec 56(2)(viib) in case of a rights issue shares where the aggregate consideration paid to acquire rights issue compared to the FMV exceeds Rs. 50,000 then the difference shall be taxable under the head Income from other sources.
2. In the given case, if the difference between FMV and consideration paid to the company exceeds Rs. 50,000 then the difference amount will be subject to tax under the head Income from Other Sources in the hands of the subscriber of the rights issue.
3. And with respect to Capital assets, it is just a rights issue and not transfer of capital asset. Sec 50CA deals only with the transfer of shares and rights issue cannot be considered as transfer and hence it cannot be invoked in the given case.
Please correct me if the above solution has an alternative view.