9911796707
TMI BlogTransactions not regarded as transfer.X X X X Extracts X X X X X X X X Extracts X X X X ..... eld in the amalgamating company, if- (i) the transfer is made in consideration of allotment of any share or shares in the amalgamated company, except when the shareholder itself is the amalgamated company; and (ii) the amalgamated company is an Indian company; (g) in a scheme of amalgamation, of a capital asset being a share or shares held in an Indian company, by the amalgamating foreign company to the amalgamated foreign company, if- (i) at least 25% of the shareholders of the amalgamating foreign company continue to remain shareholders of the amalgamated foreign company; and (ii) such transfer does not attract tax on capital gains in the country, in which the amalgamating company is incorporated; (h) in a scheme of amalgamation, of a capital asset, being a share of a foreign company, referred to in section 9(9)(a), which derives directly or indirectly, its value substantially from the share or shares of an Indian company, held by the amalgamating foreign company to the amalgamated foreign company, if- (i) at least 25% of the shareholders of the amalgamating foreign company continue to remain shareholders of the amalgamated foreign company; and (ii) such transfer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... converted banking company; (p) of a capital asset, being bonds or Global Depository Receipts as referred to in section 209(1), made outside India by a non-resident to another non-resident; (q) made outside India, of a capital asset, being rupee denominated bond of an Indian company issued outside India, by a non-resident to another non-resident; (r) of a capital asset made by a non-resident on a recognised stock exchange located in any International Financial Services Centre, where the consideration for such transaction is paid or payable in foreign currency, and such capital asset is- (i) bond or Global Depository Receipt referred to in section 209(1); or (ii) rupee denominated bond of an Indian company; or (iii) derivative; or (iv) such other securities as notified by the Central Government; (s) of a capital asset, being a Government security carrying a periodic payment of interest, made outside India through an intermediary dealing in settlement of securities, by a non-resident to another non-resident; (t) in a relocation, of a capital asset by the original fund to the resulting fund; (u) by a shareholder or unit holder or interest holder, in a relocation, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t receive any consideration or benefit, directly or indirectly, in any form or manner, other than by way of allotment of shares in the company; and (iv) the aggregate of the shareholding of the partners in the company is at least 50% of the total voting power and such shareholding remains the same for five years from the date of succession; (ze) of a capital asset or intangible asset by a private company or unlisted public company (herein referred to as the company) to a limited liability partnership or transfer of a share or shares held in the company by a shareholder as a result of conversion of the company into a limited liability partnership under the provisions of section 56 or 57 of the Limited Liability Partnership Act, 2008 (6 of 2009), if-- (i) all the assets and liabilities of the company, immediately before the conversion, become the assets and liabilities of the limited liability partnership; (ii) all the shareholders of the company, immediately before the conversion, become the partners of the limited liability partnership and their capital contribution and profit sharing ratio in the limited liability partnership are in the same proportion as their shareholdin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lotted by that trust to the transferor; (zj) of a capital asset, being a unit or units, held by a unit holder in the consolidating scheme of a mutual fund, in consideration of the allotment to the unit holder of a capital asset, being a unit or units, in the consolidated scheme of the mutual fund subject to the condition that the consolidation is of two or more schemes-- (i) of an equity-oriented fund; or (ii) of a fund other than equity-oriented fund; (zk) of a capital asset, being a unit or units, held by a unit holder in the consolidating plan of a mutual fund scheme, in consideration of the allotment to the unit holder of a capital asset, being a unit or units, in the consolidated plan of that scheme of the mutual fund; (zl) of a capital asset, being an interest in a joint venture, by a public sector company, in exchange for shares of a company incorporated outside India by the government of a foreign State, as per the laws of that foreign State. (2) In sub-section (1), the definitions of the expressions mentioned in column C of the Table below shall apply to the corresponding clauses of the said sub-section mentioned in column B of the said Table. Table Sl.No Cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er is discharged in the form of share or unit or interest in the resulting fund to- (i) a shareholder or unit holder or interest holder of the original fund, in the same proportion in which the share or unit or interest was held by such shareholder or unit holder or interest holder in such original fund, in lieu of their shares or units or interests in the original fund; or (ii) the original fund, in the same proportion as referred to in sub-clause (i), in respect of which the share or unit or interest is not issued by resultant fund to its shareholder or unit holder or interest holder; (c) "resultant fund" means a fund established or incorporated in India in the form of a trust or a company or a limited liability partnership, which is located in an International Financial Services Centre as referred to in section 147 and has been granted- (i) a certificate of registration as a Category I or Category II or Category III Alternative Investment Fund, and is regulated under the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012 made under the Securities and Exchange Board of India Act, 1992 (15 of 1992) or regulated under the International Fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
