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KAMDHENU ISPAT LIMITED - Securities and Exchange Board of India

KAMDHENU ISPAT LIMITED - Securities and Exchange Board of India

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STATEMENT OF TAX BENEFITS<br />

The Company has been adviced by S.Singhal & Co., Auditors <strong>of</strong> the Company, vide their letter dated September<br />

23,2005 that under the current provisions <strong>of</strong> the Income Tax Act, 1961 <strong>and</strong> the existing laws for the time being in<br />

force, the following benefits, interalia, will be available to the Company <strong>and</strong> the Members. However, an investor is<br />

advised to consider in his own case the tax implications <strong>of</strong> an investment in the shares from time to time. The<br />

Statement <strong>of</strong> Tax Benefits certificate from the Tax Auditor <strong>of</strong> the Company is reproduced below:<br />

To<br />

The <strong>Board</strong> <strong>of</strong> Directors<br />

Kamdhenu Ispat Ltd.<br />

5/2, Punjabi Bagh<br />

New Delhi -26<br />

Dear Sir<br />

As Per the existing provisions <strong>of</strong> the Income Tax Act,1961 <strong>and</strong> other laws as applicable for the time being in force,<br />

the following tax benefits <strong>and</strong> deductions are <strong>and</strong> will, inter-alia be available to M/s <strong>KAMDHENU</strong> <strong>ISPAT</strong> LTD <strong>and</strong> its<br />

shareholders. The benefits discussed below are not exhaustive. The statement is only intended to provide general<br />

information to the investors <strong>and</strong> is neither designed nor intended to be a substitute for pr<strong>of</strong>essional tax advice. In<br />

view <strong>of</strong> the individual nature <strong>of</strong> the tax consequences, the charging tax laws <strong>and</strong> each investor is advised to consult<br />

his or her own tax consultant with respect to the specific tax implications arising out <strong>of</strong> their participation in the issue.<br />

We have not express any opinion to provide any assurance as to whether:<br />

(I) the company or its share holders will continue to obtain these benefits in future; or<br />

(ii) the condition prescribed for availing the benefits have been/ would be met with.<br />

(A) BENEFITS TO THE COMPANY UNDER INCOME TAX ACT, 1961:<br />

The Company will be entitled for the following tax benefits in computing the Taxable Income under the Provisions <strong>of</strong><br />

the Income Tax Act,1961 (The Act).<br />

1. Under Section 32 <strong>of</strong> the Act, the Company is entitled to claim depreciation on tangible <strong>and</strong> intangible assets as<br />

explained in the said section.<br />

2. Subject to compliance <strong>of</strong> certain conditions laid down in section 35 (1) (iv) <strong>of</strong> the Act, in respect <strong>of</strong> any capital<br />

expenditure incurred other than the expenditure incurred on the acquisition <strong>of</strong> any l<strong>and</strong>, on scientific research<br />

related to the business <strong>of</strong> the Company, to the extent <strong>of</strong> expenditure incurred.<br />

3. The Company is eligible for amortization <strong>of</strong> preliminary expenses being the expenditure on public issue <strong>of</strong> share<br />

under Section 35D (2) (c) (iv) <strong>of</strong> the Act, subject to limits specified in sub section (3).<br />

(B). BENEFITS TO THE MEMBERS:<br />

I. UNDER INCOME TAX ACT, 1961:<br />

(a) RESIDENT MEMBERS:<br />

1. Under section 10(34) <strong>of</strong> the Income tax Act dividend on or after April 2003 is exempted in the h<strong>and</strong>s <strong>of</strong> individual<br />

<strong>and</strong> HUF <strong>and</strong> as per section 115(O) <strong>of</strong> the Income tax Act any amount declared, distributed or paid by such<br />

company by way <strong>of</strong> dividend on or after the first day <strong>of</strong> April 2003 shall be taxed @ 12.5% by the company.<br />

2. In terms <strong>of</strong> section 10(23D) <strong>of</strong> the Income Tax Act, all mutual funds setup by public sector bank or public financial<br />

institutions or Mutual Funds registered under the <strong>Securities</strong> <strong>and</strong> <strong>Exchange</strong> <strong>Board</strong> <strong>of</strong> <strong>India</strong> or authorized by the<br />

reserve bank <strong>of</strong> <strong>India</strong>, subject to the conditions specified therein are eligible for exemption from Income Tax on<br />

all their income, including income from investments in shares <strong>of</strong> the company.<br />

3. In accordance with <strong>and</strong> subject to the conditions <strong>and</strong> to the extent specified in Section 54 EC <strong>of</strong> the Income Tax<br />

Act, 1961, the Shareholders would be entitled to exemption from long Term Capital Gains on sale <strong>of</strong> shares <strong>of</strong><br />

the company upto investment made out <strong>of</strong> long Term Capital Gains arising from the sale <strong>of</strong> such shares in any<br />

specified Bonds issued by National Bank for Agriculture <strong>and</strong> Rural Development (NABARD), National Highways<br />

Authority <strong>of</strong> <strong>India</strong> (NHAI), Rural Electrification Corporation <strong>of</strong> <strong>India</strong> (RECI), Small Industries Development Bank<br />

<strong>of</strong> <strong>India</strong> (SIDBI) <strong>and</strong> National Housing Bank (NHB).<br />

4. In case <strong>of</strong> shareholder, being an individual or Hindu Undivided Family, in accordance with <strong>and</strong> subject to the<br />

conditions <strong>and</strong> to the extent specified in Section 54F <strong>of</strong> the Income Tax Act, 1961 the shareholders would be<br />

entitled to exemption from Long Term Capital Gains on sale <strong>of</strong> their shares in the company upon investment <strong>of</strong><br />

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