CBDT Proposes Norms For Tax Benefits For Genuine Equity Deals

To check tax evasion through "sham transactions" in stock market and protect genuine ones, the tax department today proposed to exempt specified deals from long-term capital gains tax in cases where STT was not paid.

As per the Finance Act, 2017, the income arising by way of a transfer of long-term capital asset, being equity share in a company, will be exempt from tax if such transfer is undertaken after October 1, 2004 and chargeable to securities transaction tax (STT).

However, in order to protect genuine transactions, the Central Board of Direct Taxes (CBDT) on Monday came out with a draft notification specifying certain eligible transactions for tax exemption on which STT was not paid.

These would include, transaction through preferential issues for shares which are not frequently traded, share transactions which are not effected through recognised stock exchanges, and also in cases where the company has been delisted.

The CBDT has invited comments from stakeholders on the draft notification by April 11.

The proposed measure is to protect the exemption for genuine cases where the STT could not have been paid such as acquisition of shares in an initial public offer, follow-on public offer, bonus or rights issue by a listed company acquisition by non-resident in accordance with FDI policy, the CBDT said in a release.