• Capital gains tax

A managing director of a pvt ltd company had given some loans to his company. He then transfers shares of listed company shares owned by the company to his personal account in return of the loan through off market transfer. Transfer done in October 2017. Is capital gains tax applicable in this situation?
Asked 6 years ago in Capital Gains Tax

Yes capital gain would be levied.

Vivek Kumar Arora
CA, Delhi
5022 Answers
1145 Consultations

Dear Sir,

 

Yes, capital gain would be applicable in said situation.

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

Hello,

 

In the given case capital gain shall be applicable since the trasanction is done without payment of STT and not thorugh recognised stock exchnage and therefore based upon open market value of the underlying shares as on date of sale capital gain shall be computed.

Vishrut Rajesh Shah
CA, Ahmedabad
953 Answers
40 Consultations

Yes since shares were asset of company and transfer of any capital asset attract capital gain, so there will be capital gain. Also there would be reporting u/s 269T as loan were repaid by means other than a/c payee cheque.

 

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Naman Maloo
CA, Jaipur
4305 Answers
101 Consultations

Hi

Yes, capital gain tax shall be levied on the company for such transfer of shares where STT was not paid.

Moreover, if the transfer was not made at FMV, there would be further tax liabilities for the director under section 56(2).

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

Dear Sir,

 

Hope you are doing well !!

 

Yes, capital gain tax shall be applicable.

 

 

Payal Chhajed
CA, Mumbai
5189 Answers
303 Consultations

Hi

 

Yes capital gain applies in this case.

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

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