KP (P) Ltd., a domestic Company having two undertakings engaged in manufacture cement and steel, decided to hive off cement division to SA(P) Ltd, a domestic Indian Company by way of demerger. The net book value of asset
CS Professional · Direct Tax Law & Practice · PYQS · June 2021
KP (P) Ltd., a domestic Company having two undertakings engaged in manufacture cement and steel, decided to hive off cement division to SA(P) Ltd, a domestic Indian Company by way of demerger. The net book value of assets of KP(P) Ltd. was ₹60 Crore before demerger. The net book value of assets transferred to SA(P) Ltd. was ₹15 Crore. The demerger was made in February 2021. In the scheme of demerger, it was fixed that for each equity shares of ₹10 each (fully paid up) of KP(P) Ltd, two equity shares of ₹10 each (Fully paid) were to be issued. Tirlok held 25,000 equity shares in KP(P) Ltd. which were acquired in the Financial Year 2002-03 for ₹6,00,000. Tirlok received 50,000 equity shares from SA(P) Ltd. Consequent to demerger in January 2021, he sold all the shares of SA(P) Ltd. for ₹8,00,000 in March 2021. In this background you are requested to answer the following: Compute the Capital gains that could arise in the hands of Tirlok on sale of shares of SA(P) Ltd. CII for FY 2002-03: 105 CII for FY 2020-21: 301
Answer & Explanation:
Yes, the Capital Gains would arise in the hands of Tirlok on sale of Shares of SA(P) Ltd. Particulars Amount (₹) Sale Consideration 8,00,000 Less: Indexed cost of acquisition Cost of acquisition of shares of SA(P) Ltd. as per section 49(2C) Cost of acquisition of shares in KP(P) Ltd. * Net book value of assets transferred in a demerger / Net book value of the demerged company immediately before de-merger (60000 * 15 crore/60 crore) = ₹1,50,000 Indexed cost of acquisition of shares of SA (P) Ltd. ₹1,50,000 * 301/105 4,30,000 Long term capital gains (since period of holding in the demerged Co. is also to be considered) 3,70,000
Topics: Income Tax Act, 1961
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