RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits

RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits

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TAX BENEFITS The tax benefits listed below are the possible benefits available under the current tax laws in India. Several of these benefits are dependent on the Company or its Shareholders fulfilling the conditions prescribed under the relevant tax laws. Hence the ability of the Company or its Shareholders to derive the tax benefits is dependent upon fulfilling such conditions, which based on business imperatives it faces in the future, it may not choose to fulfil. I. SPECIAL TAX BENEFITS The Company and the shareholders enjoy no special tax benefits. II. GENERAL TAX BENEFITS As per the existing provisions of the I T Act and other laws, as applicable for the time being in force, the following general tax benefits and deductions are and will, inter alia, be available to the Company and its prospective shareholders: A. BENEFITS AVAILABLE UNDER THE INCOME TAX ACT, 1961 (i) TO THE COMPANY: 1. Dividends exempt under Section 10(34) Dividend income (whether interim or final), in the hands of the company as distributed or paid by any other Company, on or after April 1, 2003 is completely exempt from tax in the hands of the Company, under section 10(34) of the IT Act. 2. Depreciation under Section 32 As per provisions of section 32 (1) (ii. a) of the Income Tax Act, 1961 the company would be entitled to additional depreciation @ 20% of the actual cost of new Plant & Machinery during precious year ending on or after 31.03.2005 subject to the fulfilment of other conditions specified under the said section. 3. Income from units of Mutual Funds exempt under Section 10(35) The Company will be eligible for exemption of income received from units of mutual funds specified under Section 10(23D) of the Act, income received in respect of units from the Administrator of specified undertaking and income received in respect of units from the specified company in accordance with and subject to the provisions of Section 10(35) of the Act. 4. Premium Paid on Health Insurance under Section 36(1)(ib) In terms of section 36(1)(ib) of the Act, with effect from April 1, 2007, the amount of any premium paid by cheque by the assessee as an employer to effect or to keep in force an insurance on the health of his employees under a scheme framed in this behalf by: a) the General Insurance Corporation of India formed under section 9 of the General Insurance Business (Nationalisation) Act,1972 and approved by the Central Government; or b) any other insurer and approved by the Insurance Regulatory and Development Authority established under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999 is deductible expenditure and will accordingly apply in relation to the assessment year 2007-08 and subsequent years. 5. Exemption of Long-Term Capital Gain under Section 10(38) 57

According to section 10(38) of the Act, long-term capital gains on sale of equity shares or units of an equity-oriented fund where the transaction of sale is chargeable to Securities Transaction Tax (STT) shall be exempt from tax. However, the aforesaid income shall be taken into account in computing the Book profit and income tax payable under section 115JB. 6. Preliminary Expenses under Section 35D In accordance with and subject to the provisions of section 35D of the Income tax Act, the company will be entitled to amortise, in five equal yearly instalments, all expenditure in connection with the proposed public issue subject to the overall limit specified in the said section. 7. Exemption of Long Term Capital Gain under Section 54EC According to the provisions of section 54EC of the Act and subject to the conditions specified therein, capital gains not exempt under section 10(38) and arising on transfer of a long term capital asset shall not be chargeable to tax to the extent such capital gains are invested in certain notified bonds, subject to a ceiling of Rs. 50 lakhs, within six months from the date of transfer. However, if the said bonds are transferred or converted into money within a period of three years from the date of their acquisition, the amount of capital gains exempted earlier would become chargeable to tax as long term capital gains in the year in which the bonds are transferred or converted into money. 8. Lower Tax Rate under Section 111A on Short-Term Capital Gains As per the provisions of section 111A of the Act, short-term capital gains on sale of equity shares or units of an equity oriented fund where the transaction of sale is chargeable to Securities Transaction tax (“STT”) shall be subject to tax at a rate of 15 per cent (plus applicable surcharge and education cess). 9. Lower Tax Rate under Section 112 on Long-Term Capital Gains As per the provisions of Section 112 of the Act, long-term gains that are not exempt under section 10(38) of the Act would be subject to tax at a rate of 20 percent (plus applicable surcharge and education cess). However, as per the proviso to Section 112(1), if the tax on long term capital gains resulting on transfer of listed securities or units, calculated at the rate of 20 percent with indexation benefit exceeds the tax on long term gains computed at the rate of 10 percent without indexation benefit, then such gains are chargeable to tax at a concessional rate of 10 percent (plus applicable surcharge and education cess). 10. Benefits under Section 115JAA Under Section 115JAA(1A) of the Act, tax credit shall be allowed of any tax paid (MAT) under Section 115JB of the Act. Credit eligible for carry forward is the difference between MAT paid and the tax computed as per the normal provisions of the Act. Such MAT credit shall not be available for set-off beyond 5 years succeeding the year in which the MAT becomes allowable. 11. Minimum Alternate Tax (MAT) under Section 115JB Under Section 115JB of the Act, in case of a company, if the tax payable on the total income as computed under the Income-tax Act in respect of any previous year relevant to the assessment year commencing on or after the April 1, 2001 is less than seven and one-half per cent of its book profit, such book profit shall be deemed to be the total income of the assessee and the tax payable for the relevant previous year shall be seven and one-half per cent of such book profit. However, with effect from April 1,2007 i.e., in relation to the Assessment Year 2007-08 and subsequent years, if the tax payable on the total income as computed under the Income-tax Act in respect of any previous year relevant to the assessment year commencing on or after the April 1, 2007 is less than ten per cent of its book profit, such book profit shall be deemed to be the total income of 58

TAX BENEFITS<br />

The tax benefits listed below are the possible benefits available under the current tax laws in<br />

India. Several of these benefits are dependent on the Company or its Shareholders fulfilling the<br />

conditions prescribed under the relevant tax laws. Hence the ability of the Company or its<br />

Shareholders to derive the tax benefits is dependent upon fulfilling such conditions, which based<br />

on business imperatives it faces in the future, it may not choose to fulfil.<br />

I. SPECIAL TAX BENEFITS<br />

The Company and the shareholders enjoy no special tax benefits.<br />

II.<br />

GENERAL TAX BENEFITS<br />

As per the existing provisions of the I T Act and other laws, as applicable for the time being in<br />

force, the following general tax benefits and deductions are and will, inter alia, be available to<br />

the Company and its prospective shareholders:<br />

A. BENEFITS AVAILABLE UNDER THE INCOME TAX ACT, 1961<br />

(i)<br />

TO THE COMPANY:<br />

1. Dividends exempt under Section 10(34)<br />

Dividend income (whether interim or final), in the hands of the company as distributed<br />

or paid by any other Company, on or after April 1, 2003 is completely exempt from tax<br />

in the hands of the Company, under section 10(34) of the IT Act.<br />

2. Depreciation under Section 32<br />

As per provisions of section 32 (1) (ii. a) of the Income Tax Act, 1961 the company<br />

would be entitled to additional depreciation @ 20% of the actual cost of new Plant &<br />

Machinery during precious year ending on or after 31.03.2005 subject to the fulfilment<br />

of other conditions specified under the said section.<br />

3. Income from units of Mutual Funds exempt under Section 10(35)<br />

The Company will be eligible for exemption of income received from units of mutual<br />

funds specified under Section 10(23D) of the Act, income received in respect of units<br />

from the Administrator of specified undertaking and income received in respect of units<br />

from the specified company in accordance with and subject to the provisions of Section<br />

10(35) of the Act.<br />

4. Premium Paid on Health Insurance under Section 36(1)(ib)<br />

In terms of section 36(1)(ib) of the Act, with effect from April 1, 2007, the amount of<br />

any premium paid by cheque by the assessee as an employer to effect or to keep in<br />

force an insurance on the health of his employees under a scheme framed in this behalf<br />

by:<br />

a) the General Insurance Corporation of India formed under section 9 of the<br />

General Insurance Business (Nationalisation) Act,1972 and approved by the<br />

Central Government; or<br />

b) any other insurer and approved by the Insurance Regulatory and Development<br />

Authority established under sub-section (1) of section 3 of the Insurance<br />

Regulatory and Development Authority Act, 1999<br />

is deductible expenditure and will accordingly apply in relation to the assessment year<br />

2007-08 and subsequent years.<br />

5. Exemption of Long-Term Capital Gain under Section 10(38)<br />

57

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