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Income from transfer of unlisted shares not liable for taxation: CBDT

25 Jan 2017 Evaluate

In order to provide some relief to foreign investors, the Central Board of Direct Taxes has said that income arising from transfer of unlisted shares would not be taxed in the case of certain categories of Alternative Investment Funds (AIFs) registered with Securities and Exchange Board of India (SEBI). The tax department has also said that such exemption would be applicable for SEBI registered Category I and II AIFs only.

Category-I AIFs are funds that receive incentives from the government, SEBI or other regulators and this include Venture Capital Funds, SME Funds, Social Venture Funds and Infrastructure Funds. On the other hand, Category-II entities can put in their money anywhere in any combination but are prohibited from raising debt, excepting for meeting their day-to-day operational requirements. Primarily, SEBI registered Category I and II AIFs invest in unlisted shares of ventures, many of which are new set ups or start ups. Therefore, to protect the interest of investors, some form of control and management of the underlying business many be essential to be exercised by such AIFs.

Meanwhile, Indian Private Equity and Venture Capital Association (IVCA) Chairman Gopal Srinivasan has said that before the upcoming budget the investor community welcomes this clarification. He also said that great cooperation between the industry and government to pursue the goals of ease of doing business and manage in India.

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MoneyWorks4Me is a SEBI-registered Investment Adviser (IA) dedicated to helping investors build long-term wealth through transparent, research-driven, conflict-free guidance. Founded in 2008, we started our journey as a Research Analyst (RA), providing deep fundamental analysis, intrinsic value insights, and long-term investing frameworks for Indian equities. In 2017, we transitioned to a full-fledged SEBI-registered Investment Adviser, strengthening our commitment to acting as a fiduciary—always putting the investor’s interest first.

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