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APR Constructions Limited - Saffron Capital

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II.TO THE SHAREHOLDERS OF THE COMPANY<br />

These benefits are available to the shareholders of any company after fulfilling certain conditions as required in the<br />

respective Act.<br />

I. Under the Income-tax Act<br />

A. Residents<br />

1. In accordance with section 10(34), dividend income declared, distributed or paid by the company (referred to in<br />

section 115-O) will be exempt from tax.<br />

2. Shares of the company held as capital asset for a period of more than twelve months preceding the date of<br />

transfer will be treated as a long term capital asset. In accordance with section 10(38), any income arising from<br />

the transfer of a long term capital asset being an equity share in a company is not includible in the total income, if<br />

the transaction is subject to securities transaction tax including equity shares Offered for Sale under this issue<br />

which is subject to securities transaction tax at the time of sale.<br />

3. As per the provision of section 71, if there is a loss under the head “<strong>Capital</strong> Gains”, it cannot be set-off with the<br />

income under any other head. Section 74 provides that the short term capital loss can be set-off against both short<br />

term and long term capital gain. But long term capital loss cannot be set-off against short term capital gain. The<br />

unabsorbed short term and long term capital loss can be carried forward for next eight assessment years and can<br />

be set off against the respective capital gains in subsequent years.<br />

4. In accordance with section 112, the tax on capital gains on transfer of listed shares, where the transaction is not<br />

subject to securities transaction tax, held as long term capital assets will be the lower of:<br />

• 20 per cent (plus education cess) of the capital gains as computed after indexation of the cost. or<br />

• 10 per cent (plus education cess) of the capital gains as computed without indexation.<br />

Provided that in the case of an individual or a Hindu undivided family, being a resident, where the total income<br />

as reduced by such long-term capital gains is below the maximum amount which is not chargeable to income-tax,<br />

then, such long-term capital gains shall be reduced by the amount by which the total income as so reduced falls<br />

short of the maximum amount which is not chargeable to income-tax and the tax on the balance of such longterm<br />

capital gains shall be computed at the above rates of tax.<br />

5. In accordance with section 111A, capital gains arising from the transfer of a short term asset being an equity<br />

share in a company and such transaction is subject to securities transaction tax, the tax payable on the total<br />

income shall be the aggregate of (i) the amount of income-tax calculated on such short term capital gains at the<br />

rate of 15% (plus education cess) and (ii) the amount of income-tax payable on the balance amount of the total<br />

income as if such balance amount were the total income.<br />

Provided that in the case of an individual or a Hindu undivided family, being a resident, where the total income<br />

as reduced by such short-term capital gains is below the maximum amount which is not chargeable to incometax,<br />

then, such short-term capital gains shall be reduced by the amount by which the total income as so reduced<br />

falls short of the maximum amount which is not chargeable to income-tax and the tax on the balance of such<br />

short-term capital gains shall be computed at the rate of ten per cent.<br />

6. In accordance with section 54EC, long-term capital gains arising on transfer of the shares of the company and on<br />

which securities transaction tax is not payable, the tax payable on the capital gains shall be exempt from tax if the<br />

gains are invested within six months from the date of transfer in the purchase of a long-term specified asset. The<br />

long-term specified assets notified for the purpose of investment are bonds of Rural Electrification Corporation<br />

Ltd. (REC) and National Highways Authority of India (NHAI). Investment in these specified assets cannot<br />

exceed Rs.50 lakhs during any financial year.<br />

If only a part of the capital gain is so invested, the exemption would be limited to the amount of the capital gain<br />

so invested.<br />

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