Section 21 - Amendment of section 56. - Finance Act, 2012

Amendment of section 56. 021 . In section 56 of the Income-tax Act, in sub-section (2), ( A ) in clause ( vii ) , in the Explanation, for clause ( e ), the following clause shall be substituted and shall be deemed to have been substituted with effect from the 1st day of October, 2009, namely: '( e ) "relative" means, ( i ) in case of an individual ( A ) spouse of the individual; ( B ) brother or sister of the individual; ( C ) brother or sister of the spouse of the individual; ( D ) brother or sister of either of the parents of the individual; ( E ) any lineal ascendant or descendant of the individual; ( F ) any lineal ascendant or descendant of the spouse of the individual; ( G ) spouse of the person referred to in items ( B ) to ( F ); and ( ii ) in case of a Hindu undivided family, any member thereof;'; ( B ) after clause ( viia ) , the following shall be inserted with effect from the 1st day of April, 2013, namely: '( viib ) where a company, not being a company in which the public are substantially interested, receives, in any previous year, from any person being a resident, any consideration for issue of shares that exceeds the face value of such shares, the aggregate consideration received for such shares as exceeds the fair market value of the shares: Provided that this clause shall not apply where the consideration for issue of shares is received ( i ) by a venture capital undertaking from a venture capital company or a venture capital fund; or ( ii ) by a company from a class or classes of persons as may be notified by the Central Government in this behalf. Explanation . For the purposes of this clause, ( a ) the fair market value of the shares shall be the value ( i ) as may be determined in accordance with such method as may be prescribed; or ( ii ) as may be substantiated by the company to the satisfaction of the Assessing Officer, based on the value, on the date of issue of shares, of its assets, including intangible assets being goodwill, know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature, whichever is higher; ( b ) "venture capital company", "venture capital fund" and "venture capital undertaking" shall have the meanings respectively assigned to them in clause ( a ), clause ( b ) and clause ( c ) of Explanation 1 to clause ( 23FB ) of section 10;'