India: Conversion of private company into LLP was taxable transfer (tribunal decision)

However, as transaction too place at book value, taxpayer did not recognize any gain.

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June 23, 2025

The Mumbai Bench of the Income-tax Appellate Tribunal held that the conversion of a private company into a limited liability partnership (LLP) was a taxable “transfer” under the Income-tax Act, 1961.

The case is: ISC Specialty Chemicals LLP v. ITO

However, as the transaction took place at book value and the difference between the transfer value and the cost of acquisition was nil, no capital gains arose to the taxpayer as a result of the transfer.

Read a June 2025 report prepared by the KPMG member firm in India

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