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ARTICLE · 09 NOVEMBER 2016

CBDT Releases Buyback Tax Rules

The changes incorporated in the Final Rules attempts to cover almost all open ended aspects highlighted in the Draft Rules.

IndiaCorporate/Commercial Law

The Finance Act 2016 amended the definition of 'distributed income', with effect from  1 June 2016, to mean consideration paid by the company on buy back of shares as reduced by the amount, which was received by the company for the issue of such shares, determined in the manner as may be prescribed.  

In this regard,Central Board of Direct Taxes (CBDT) had put forth draft rules (on 25 July 2016) prescribing the manner of determining the amount received by the company in respect of shares under various circumstances. The CBDT had asked the general public and stakeholders to share their comments and suggestions on the draft. Based on these the CBDT has now finalised the rules for valuing the amount of receipt in various circumstances vide notification no. 94/2016 (F. No. 370133/30/2016 – TPL) dated 17 October 2016.

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