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RELEASE OF ASSETS DURING LIQUIDATION

the entire assets(Inc. out of Acc. profits) released during liquidation are subjected to CAPITAL GAINS TAX. Also assets released out of Acc. profits are taxed under Other Heads of Income. If I am right, Isn't it a case of double Taxation


Salman Faris

Salman Faris

CA Inter

61K+

15-Feb-21 10:04

18

Answers (4)

Release of assets are not taxed in the hands of company as it is not treated as transfer.


Suraj Lakhotia

Suraj Lakhotia

Admin

16-Feb-21 10:33

Where a shareholder on the liquidation of a company receives any money or other assets from the company, he shall be chargeable to income-tax under the head "Capital gains", in respect of the money so received or the market value of the other assets on the date of distribution, as reduced by the amount assessed as dividend within the meaning of sub-clause (c) of clause (22) of section 2 and the sum so arrived at shall be deemed to be the full value of the consideration for the purposes of section 48.


Suraj Lakhotia

Suraj Lakhotia

Admin

16-Feb-21 10:33

So only balance will be subject to capital gains.


Suraj Lakhotia

Suraj Lakhotia

Admin

16-Feb-21 10:33

Thanks


Salman Faris

Salman Faris

CA Inter

61K+

19-Feb-21 01:04