24.11.2012 Views

Shopper's Stop Limited - Securities and Exchange Board of India

Shopper's Stop Limited - Securities and Exchange Board of India

Shopper's Stop Limited - Securities and Exchange Board of India

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

7. Under section 54ED <strong>of</strong> the Income Tax Act <strong>and</strong> subject to the conditions <strong>and</strong> to the extent<br />

specified therein, long term capital gains on the transfer <strong>of</strong> listed securities or units will be<br />

exempt from capital gains tax if the capital gains are invested in equity shares forming part<br />

<strong>of</strong> an eligible issue <strong>of</strong> capital, within a period <strong>of</strong> 6 months after the date <strong>of</strong> such transfer.<br />

“Eligible issue <strong>of</strong> capital” means an issue <strong>of</strong> equity shares which satisfies the following<br />

conditions, namely–<br />

(i) the issue is made by a public company formed <strong>and</strong> registered in <strong>India</strong>;<br />

(ii) the shares forming part <strong>of</strong> the issue are <strong>of</strong>fered for subscription to the public.<br />

If such equity shares are sold or otherwise transferred within a period <strong>of</strong> one year from the date<br />

<strong>of</strong> acquisition, the amount <strong>of</strong> capital gains on which tax was not charged earlier shall be<br />

deemed to be income chargeable under the head “Capital Gains” <strong>of</strong> the year in which the<br />

equity shares are transferred.<br />

B. To the Members <strong>of</strong> the Company:<br />

Resident Members<br />

1. In terms <strong>of</strong> section 10(34) <strong>of</strong> the Income tax Act, any income by way <strong>of</strong> dividends referred to<br />

in section 115-O (i.e. dividends declared, distributed or paid on or after 1 April 2003 by the<br />

Company) is exempt from tax.<br />

2. In accordance with section 10(23D) <strong>of</strong> the Income tax Act, all Mutual Funds registered under<br />

the <strong>Securities</strong> <strong>and</strong> <strong>Exchange</strong> <strong>Board</strong> <strong>of</strong> <strong>India</strong> Act or set up by public sector banks or a public<br />

financial institutions or authorised by the Reserve Bank <strong>of</strong> <strong>India</strong>, subject to the conditions<br />

specified therein are eligible for exemption from income tax all their income, including income<br />

from investment in the shares <strong>of</strong> the Company.<br />

3. Under section 48 <strong>of</strong> the Income Tax Act, if the Company’s shares, being long term capital<br />

assets (i.e. being held for more than twelve months), are sold, the long term capital gains if<br />

any shall be calculated after indexing the cost <strong>of</strong> acquisition. Under section 112 <strong>of</strong> the<br />

Income Tax Act, such long term capital gains shall be taxed at a rate <strong>of</strong> 20% (plus applicable<br />

surcharge). The amount <strong>of</strong> such tax shall however, not exceed 10% (plus applicable<br />

surcharge) without indexation, if the transfer is made after listing <strong>of</strong> the shares <strong>of</strong> the<br />

Company.<br />

4. Under section 54EC <strong>of</strong> the Income tax Act <strong>and</strong> subject to the conditions <strong>and</strong> to the extent<br />

specified therein, long term capital gains arising on transfer <strong>of</strong> the shares <strong>of</strong> the Company<br />

shall be exempt from tax if the gains are invested within six months from the date <strong>of</strong> transfer<br />

in the purchase <strong>of</strong> a long term specified asset.<br />

In such a case, the cost <strong>of</strong> such long term specified asset will not qualify for tax rebate under<br />

section 88.<br />

If the long term specified asset is transferred or converted into money at any time within a<br />

period <strong>of</strong> three years from the date <strong>of</strong> acquisition, the amount <strong>of</strong> capital gains on which tax<br />

was not charged earlier shall be deemed to be income chargeable under the head “Capital<br />

Gains” <strong>of</strong> the year in which the specified asset is transferred or converted into money.<br />

5. (a) Under section 54ED <strong>of</strong> the Income Tax Act <strong>and</strong> subject to the conditions <strong>and</strong> to the<br />

extent specified therein, long term capital gains on the transfer <strong>of</strong> listed securities will be<br />

exempt from capital gains tax if the capital gains are invested in equity shares forming<br />

part <strong>of</strong> an eligible issue <strong>of</strong> capital, within a period <strong>of</strong> 6 months after the date <strong>of</strong> such<br />

transfer. “Eligible issue <strong>of</strong> capital” means an issue <strong>of</strong> equity shares which satisfies the<br />

following conditions, namely –<br />

(i) the issue is made by a public company formed <strong>and</strong> registered in <strong>India</strong>;<br />

(ii) the shares forming part <strong>of</strong> the issue are <strong>of</strong>fered for subscription to the public.<br />

We are informed that the equity shares under this <strong>of</strong>fer document constitute eligible issue <strong>of</strong><br />

capital.<br />

198

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!