Section 47(xiii) - Conversion of partnership firm into company - Income Tax - Ready Reckoner - Income Tax

Section 47(xiii) - Conversion of partnership firm into company Section Transaction not regarded as transfer Transferor u/s 2(47) Transferee u/s 2(47) Capital Asset involved u/s 2(14) 47(xiii) Transfer of a capital asset or intangible asset by a firm to a company as a result of succession of the firm by a company in the business carried on by the firm, or any transfer of a capital asset to a company in the course of demutualisation or corporatisation of a recognised stock exchange in India as a result of which an association of persons or body of individuals is succeeded by such company Partnership Firm A Company All assets and liabilities before conversion NOTE: The transactions will not be considered as transfer only when the following conditions will be satisfied:- All the assets and liabilities of the firm or of the association of persons or body of individuals relating to the business immediately before the succession become the assets and liabilities of the company. All the partners of the firm immediately before the succession become the shareholders of the company in the same proportion in which their capital accounts stood in the books of the firm on the date of the succession. The partners of the firm do not receive any consideration or benefit, directly or indirectly, in any form or manner, other than by way of allotment of shares in the company. The aggregate of the shareholding in the company of the partners of the firm is not less than 50% of the total voting power in the company and their shareholding continues to be as such for a period of five years from the date of the succession. The demutualisation or corporatisation of a recognised stock exchange in India is carried out in accordance with a scheme for demutualisation or corporatisation which is approved by the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 .