excluding intangible assets of the company or bonds or debentures compulsorily convertible into shares of the company within [ten] [Substituted 'five' by Notification ... dated 29.6.2016.] years: (ixa) [ any amount raised by issue of non-convertible debenture not constituting a charge on the assets of the company and listed
instruments in the form of global depository receipts, compulsorily convertible preference shares or compulsorily convertible debentures shall be treated as 'shares'. (i) "significant influence" means
assessee before
the TPO, the terms of debenture are as under :
1. Debentures would be compulsorily converted
into equity shares ... documents, the terms
of debenture were mentioned as under :-
"Terms of Debenture are
1. Debentures would be compulsorily converted into equity shares
mandatory convertibility into equity. There
are further distinctions: (1) Repayment--loans typically have a fixed
repayment date, while compulsorily convertible debentures (CCDs)
lack a defined ... interest paid or payable on fully and compulsorily convertible
debentures, non-convertible debentures, or other debentures
denominated in Indian currency, benchmarking should be conducted
using
earlier labelled as a debenture,
now has hybrid versions such as partly convertible
debentures, optionally convertible debentures and
compulsorily convertible debentures (CCDs). We may note ... pulsorily convertible debentures from equity to debt. The
lenders' consortium had also approved the term of compul-
sorily convertible debentures as equity. The endeavour
ordinary debenture has to be dis-
tinguished from a mortgage debenture which necessarily
creates mortgage on the assets of a Company. A compulsorily
convertible debenture ... debenture. The guide-
lines for the protection of debenture holders issued on
14.1.1987 recognise the basic distinction between converti-
ble and non-convertible debenture. Compulsorily
amount of Rs.359,98,23,200/- in the form of Compulsorily Convertible
Debentures (CCDs) in M/s. Coffee Day Enterprises Ltd. Further ... Bang/2019
TERMS AND CONDITIONS OF INVESTOR 3 CCDs
The compulsorily convertible debentures to be issued and allotted to the investor pursuant
to the Agreement
issue
involved is one and common as to whether the Compulsorily Convertible
Debentures (CCDs) are debt or equity and whether interest on CCDs ... Learned CIT(A)"] erred in not appreciating the fact that
compulsorily convertible debentures ("CCD") are in nature of equity
and not debt
then the other class of debentures which are convertible, either at the option of the debenture holder or compulsorily according to the terms and conditions ... case of optionally convertible debentures they would continue to retain their essential characteristics as ordinary debentures till they exercise their option. Compulsorily convertible debentures shall
fully compulsorily convertible debentures are
comparable with simple debentures or are required to be benchmarked
differently. According to us FCCD (Fully compulsorily convertible debenture ... defines
„Capital‟ as equity shares; fully, compulsorily, & mandatorily convertible
preference shares; fully, compulsorily & mandatorily convertible debentures.
Even the International Accounting Standard provides that
