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Surrendering of shares is not ‘tax exempt’

Monday, October 25, 2010
By Anand Tibrewala

I am a salaried person. I have been offered a job where I will earn in 6 figures annually. I have the freedom to design my pay package which would give me the best tax advantage. Could you give me broad heads under which I can get tax benefits?
- Rohit Mansota, Churchgate
Ans : You can ask for the following break up from your prospective employer to get maximum tax advantage :
a) House Rent Allowance
b) Conveyance Allowance
c) Leave Travel Allowance
d) Lunch Coupons
e) Re-imbursement of telephone bills for your mobile and residential line.
f) Medical Allowance
g) Contribution to Provident Fund
h) Contribution to Superannuation Fund
i) Gratuity Contribution.
j) Professional Allowance for proper dressing etc.
k) Re-imbursement of Book and Periodicals.
These heads would yield tax savings for you. You can choose the heads suitable to you.

I have surrendered my shares in a listed company in response to an open offer from a multi national. I have received the sale consideration from the company directly. I was holding these shares for several years. Please advice whether the transaction is exempt from capital gain since it is a long term capital gain?
- Ajit Patil, Cuffe Parade

The transaction is not exempt from capital gains though it is a long term capital gain. A transaction would be exempt from capital gain only if it is executed on a recognized stock exchange and Securities Transaction Tax is paid on the transaction. In your case the transaction has taken place directly with the company and no Securities Transaction Tax is paid. Hence, it is not exempt.

I am holding shares in several Co-operative Banks for quiet some time. I get dividend on these shares regularly from the bank. Are the dividends received by me tax exempt?
-A.V.Subramanium, Peddar Road

Ans : The dividend income is tax free provided Dividend Distribution tax is paid by the company distributing the dividend. Co-operative Banks do not pay any Dividend Distribution Tax while distributing the dividend. Hence, the dividend received by you from them can not qualify for exemption.

Who are required to register for TDS Deduction?
-Radha Singh, Pune

Ans :
All assessee other that individual and Hindu Undivided Family need to register themselves for TDS deduction from the beginning, if they are likely to make payments for certain expenses, which are covered by TDS provisions. Individual and Hindu Undivided Family, if they are carrying on a business and their accounts are subjected to Tax Audit under the Income Tax Act, 1961 for a financial year, then from next financial year they need to register for TDS deduction and start deducting TDS from the beginning of the financial year itself.


(The Author is a CA and specializes in taxation matters. He is a Senior Partner at the leading Chartered Accountancy firm, AD & Company)

If you have any Tax Query email it to us at and we will find you a solution.



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