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Wealth-tax - Highlights / Catch Notes

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Valuation of gifted shares - Explanation to Rule 2(9) of Part A, ...


Valuation of Gifted Shares: Authority to Classify as Quoted or Unquoted Lies with Tax Authorities, Not Stock Exchange. (9.

October 15, 2022

Case Laws     Wealth-tax     SC

Valuation of gifted shares - Explanation to Rule 2(9) of Part A, Schedule III of the W.T. Act. The certificate from the concerned stock exchange is only to state whether an equity share, preference share or debenture, as the case may be, was quoted with the regularity from time to time and whether the quotations of such shares or debentures are based on current transactions made in the ordinary course of business. The explanation does not prohibit the authority, tribunal or the court from examining whether a particular share, be it equity or preference share, is a “quoted share” or an “unquoted share” in terms of sub-rules (9) and (11) of Rule 2 of Part A of Schedule III of the W.T. Act. This right which is conferred on the authorities under the W.T. Act or the G.T. Act is not delegated to the stock exchange. - SC

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