5

Tax Evasion Through Shares

Embed Size (px)

DESCRIPTION

The only book of its kind ever written on the subject -tax evasion practices through share transactions-from tax officers perspective.The book discusses common and clever tricks of using share transactions for tax evasion. A fair amount of case laws and CBDT circular are also mentioned on each issue .

Citation preview

Page 1: Tax Evasion Through Shares
Page 2: Tax Evasion Through Shares

ix

Part-IEvasion Practices

1. Bogus Purchase Of Shares to Reduce Business Profit. 3

2. Unquoted Shares & Tax Evasion 15

3. Evasion Through Reverse Conversion Of Shares? 28

4. Speculation Loss And Tax Evasion? 38

1. Mix Speculation Loss With Trading Income.

2. Claiming Speculation Loss As Hedge Loss

5. How To Detect Closing Stock Undervaluation? 48

6. How To Detect If Short Term Is Claimed As Long Term Gain? 51

7. Why Should You Scrutinize Demat Transactions Statement? 53

8. How Family and Private Companies Are Used For Evasion? 56

9. Use of Mergers for Tax Evasion 62

10. How To Decide If Share Transaction Is Business Or Investment Activity? 70

11. Why Should You Scrutinize Transactions Of Last Seven Days ? 84

12. How To Handle Cases Of Evasion Through Penny Stocks? 86

1. When Bogus LTCG On Penny Stock Created Legally.

2. When Bogus LTCG On Penny Stock Created By Using FalseDocuments.

13. Tax Evasion through Futures & Option Trades 102

14. Tax Evasion by Changing Client Codes 108

Page 3: Tax Evasion Through Shares

x

Part II

1. Why Should You Keep An Eye On Warrant? 115

2. How Preference Share Creates Capital Gains? 120

3. Can Scrutiny Of Security Deposit Bring Tax? 125

4. Why Knowledge of SCRA & Sales of Goods Act is Required ? 127

5. How To Easily Apply Explanation To Section 73? 139

6. ESOP, Phantom Stock Option & A flash back on FBT ! 147

Part IIIBack To Basics

1. What Are The Procedure For Share Transactions In Dematerialized Form?158

2. How Internet Can Bring You Information You Always Wanted ? 160

3. Important Circulars/Instructions Issued By CBDT 161

1. Period of holding in case of dematerialized shares.

2. Determination of the ‘date of transfer’ and holding period for thepurpose of capital gains.

3. Distinction between shares held as stock-in-trade and shares held asinvestment

4. What is the meaning of ‘hedging’ with respect to section 43(5) ?

4. Important Circulars Issued By SEBI. 173

1. Transfer of shares from pool account to clients account.

2. Time duration for transfer of funds and securities from member to client.3. What is the definition of ‘negotiated deal’ ?

Page 4: Tax Evasion Through Shares

xi

4. Circular regulating negotiated deal.

5. Circular regulating broker-client relationship.

6. Mapin abolished

7. NSE Circular on Penalty for Client Code Modification

5. Certain Important Judgments You Must Refer To 187

1. What are the views of different courts on the issue “business orinvestment income”

2. Are illegal expense or losses allowable?

3. Is surplus on “sale as going concern” taxable as capital gains?

4. Are bonus shares or rights to shares capital asset?

5. Does exchange of shares fall within the meaning of transfer?

6. Does reduction of share capital give rise to capital gains?

8. Whether trading in units and govt. securities fall within the ambitof the word “commodity” as given in section 43(5) of the IT Act?

9. Whether the sale of warrants received against debentures held asstock-in-trade give rise to taxable revenue receipt?

6. What Is A Contract Note? 191

7. Why Is Demat Transaction Statement Important For Share Investigation? 193

8. What Is A Private Limited Company And What Are Its Privileges? 195

9. What is Speculative Transaction? 197

10. What does “Beneficial Owner” mean in context of share ownership ? 198

11. What Are Derivatives? 199

12. Books Maintained By The Broker & Stock Exchanges? 203

13. The Addresses of Different Stock Exchanges? 204

Page 5: Tax Evasion Through Shares

xii

xii

14. Address of Six Regional Directors (RD) under Ministry Of Corporate Affairs 209

15. Meaning of Words & phrases One Must Know 210