Taxation of amount received on buy-back of shares.

V. P. Vidwans (18 Points)

24 December 2021  

Dear Experts,

The assessee was holding small amount of equity shares in one multinational unlisted company. The shares are delisted since 2007. The company bought-back the shares in FY 2020-21, applied TDS @ 20% on the proceeds, and remitted the balance amount to the assessee.  Both these amounts, ie the TDS & Gross amount, are reflecting in his Form 26 AS. As per the said Form, the TDS was done u/s 194. Despite his specific request, the Company informed  by e mail that they will not issue the relevant Form 16. The valuation of the shares for buy-back purpose was done independently by two CA firms of national repute. The appropriateness of valuation is not the issue of this query.  

QUERY- (i) Whether the buy-back proceeds are exempted u/s 10 (34A) in the hands of assessee (ii) Whether assessee can claim the credit of the said TDS.

Please oblige with your comments.

Thanking you in advance.