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sejal architectural glass limited - Securities and Exchange Board of ...

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Benefits available to the Company under the Income Tax Act, 1961.<br />

1. Deduction under Section 80-IB <strong>of</strong> the Act<br />

The pr<strong>of</strong>its <strong>of</strong> the Proposed Plant would be eligible for deduction @ 100% under section 80-<br />

IB <strong>of</strong> the Act for the period <strong>of</strong> first five years after commencement <strong>of</strong> commercial<br />

production <strong>and</strong> thereafter @ 30% for the next five years. The pr<strong>of</strong>its <strong>of</strong> the float <strong>glass</strong><br />

division for the purposes <strong>of</strong> Section 80-IB <strong>of</strong> the Act shall be computed on a st<strong>and</strong>-alone<br />

basis. The benefit is available subject to fulfilment <strong>of</strong> the conditions prescribed under that<br />

section.<br />

2. Under Section 10(34) <strong>of</strong> the Act, dividend income (whether interim or final) in the h<strong>and</strong>s <strong>of</strong><br />

the company as distributed or paid by any other Company is fully exempt from tax in the<br />

h<strong>and</strong>s <strong>of</strong> the Company.<br />

3. As per the provisions <strong>of</strong> Section 112 (1) (b) <strong>of</strong> the Act, long-term capital gains would be<br />

subject to tax at the rate <strong>of</strong> 20% (plus applicable surcharge <strong>and</strong> education cess). However,<br />

as per the proviso to Section 112(1), the long term capital gains resulting on transfer <strong>of</strong><br />

listed securities or units (not covered by section 10(36) <strong>and</strong> 10(38)), would be subject to<br />

tax at the rate <strong>of</strong> @ 20% with indexation benefits or 10% without indexation benefits (plus<br />

applicable surcharge <strong>and</strong> education cess) as per the option <strong>of</strong> the assessee.<br />

4. Long term capital gain arising from transfer <strong>of</strong> an ‘Eligible Equity Share’ in a company<br />

Purchased on or after the 1st day <strong>of</strong> March, 2003 <strong>and</strong> before the 1st day <strong>of</strong> March, 2004<br />

(both days inclusive) <strong>and</strong> held for a period <strong>of</strong> 12 months or more is exempt from tax under<br />

section 10(36) <strong>of</strong> the Act.<br />

5. As per the provisions <strong>of</strong> section 10(38), long term capital gain arising from the sale <strong>of</strong><br />

Equity Shares in any company through a recognized stock exchange or from the sale <strong>of</strong><br />

units <strong>of</strong> an equity oriented mutual fund shall be exempt from Income Tax if such sale takes<br />

place after 1 st <strong>of</strong> October 2004 <strong>and</strong> such sale is subject to <strong>Securities</strong> Transaction tax.<br />

6. As per the provisions <strong>of</strong> section 111A, Short Term capital gains arising from the transfer <strong>of</strong><br />

Equity Shares in any company through a recognized stock exchange or from the sale <strong>of</strong><br />

units <strong>of</strong> equity oriented mutual fund shall be subject to tax @ 10% provided such a<br />

transaction is entered into after the 1st day <strong>of</strong> October, 2004 <strong>and</strong> the transaction is subject<br />

to <strong>Securities</strong> Transaction Tax.<br />

7. In accordance with <strong>and</strong> subject to the conditions <strong>and</strong> to the extent specified in Section<br />

54EC <strong>of</strong> the Act, the Company would be entitled to exemption from tax on gains arising<br />

from transfer <strong>of</strong> the long term capital asset (not covered by section 10(36) <strong>and</strong> section<br />

10(38)) if such capital gain is invested in any <strong>of</strong> the long-term specified assets in the<br />

manner prescribed in the said section. Where the long-term specified asset is transferred<br />

or converted into money at any time within a period <strong>of</strong> three years from the date <strong>of</strong> its<br />

acquisition, the amount <strong>of</strong> capital gains exempted earlier would become chargeable to tax<br />

as long term capital gains in the year in which the long-term specified asset is transferred<br />

or converted into money.<br />

8. As per the provisions <strong>of</strong> Section 54ED <strong>of</strong> the Act <strong>and</strong> subject to the conditions specified<br />

therein, capital gains arising from transfer <strong>of</strong> long term assets, being listed securities or<br />

units (not covered by section 10(36) <strong>and</strong> section 10(38)) shall not be chargeable to tax<br />

to the extent such gains are invested in acquiring Equity Shares forming part <strong>of</strong> an ‘eligible<br />

issue <strong>of</strong> share capital’ in the manner prescribed in the said section.<br />

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